(영문) 춘천지방법원 2016.06.09 2015가단4767

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(영문) 춘천지방법원 2016.06.09 2015가단4767

건물인도 등

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1. The defendant is against the plaintiffs:

(a) deliver the real estate listed in the separate sheet;

(b) 6,400,000 each gold and its equivalents;

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 1, and there is no counter-proof.

On October 29, 2012, the Plaintiffs entered into a lease agreement with the Defendant to lease real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiffs (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 400,000, and the term of the contract by January 9, 2016 (hereinafter “instant lease agreement”).

B. The Defendant did not pay KRW 12,800,000 to July 9, 2015.

2. The Plaintiffs, as to the Plaintiff’s claim, terminate the instant lease agreement with the delivery of the duplicate of the instant complaint, and seek a delivery of the instant real estate and payment of the unpaid fees to the Defendant.

However, according to the above facts, since the lease contract of this case was terminated by the delivery of the copy of the complaint of this case, the defendant is obligated to deliver the real estate of this case to the plaintiffs as the duty to restore it, and to pay 6,400,000 won each of them and damages for delay with interest rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 20, 2015 to the day of complete payment from November 20, 2015, and to pay 200,000 won per month from July 10, 2015 to the day of complete delivery.

3. The defendant's defense was asserted to the effect that the plaintiff agreed to pay 40,000,000 won as facility compensation at the time of termination of the contract to the defendant at the time of termination of the contract.

In full view of the evidence No. 1 and the purport of the entire pleadings, the Plaintiffs agreed to pay KRW 40,000,000 to the Defendant at the time of termination of the contract due to the purchase and sale of the building, etc., as stipulated in the special agreement at the time of the conclusion of the instant lease agreement.

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