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(영문) 부산지방법원 2020.12.18 2019나66989
건물명도(인도)
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 30,000.

Reasons

1. The reasons for this court’s explanation concerning this part of the facts of recognition are as stated in the judgment of the first instance, except for the case where “the second lease contract of this case (hereinafter “the second lease contract of this case”) was entered into” as “the preparation of the lease contract of this case (hereinafter “the second lease contract of this case”)” as stated in the main sentence of Article 420 of the Civil Procedure Act. Thus, this Court cited it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the main claim

A. The Plaintiff’s assertion 1) terminated on August 13, 2018, and the Defendant paid to the Plaintiff KRW 1.1 million a monthly rent from October 2019. As such, the Defendant is obligated to receive the remainder of the amount calculated by deducting the amount calculated from the Plaintiff’s deposit KRW 30 million to KRW 1.1 million a month from November 1, 2019 to the date the delivery of the instant store is completed, at the same time, to deliver the instant store to the Plaintiff. (2) The Plaintiff and the Defendant, around 2014, increased the lease deposit from KRW 30 million to KRW 40 million,000,000,000. Since the lease deposit was set at KRW 40 million at the time of the conclusion of the instant secondary lease, the Defendant erroneously paid the amount of the lease deposit to the Plaintiff up to KRW 30 million a monthly lease deposit to KRW 200,000,000,000,000.

In addition, since the defendant added considerable expenses to the store of this case and carried out various construction works to increase the objective value of the store of this case, such as installing gas pipelines, the plaintiff shall reimburse the defendant for the expenses incurred therein.

B. Determination 1: (a) based on the determination of the amount of the lease deposit under the instant secondary lease agreement; (b) the evidence mentioned above and each of the order issued by the court of first instance to submit each of the information on financial transactions to the DDR branches.

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