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(영문) 창원지방법원진주지원 2016.06.21 2015가단35870
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) received KRW 13,151,725 from the Plaintiff (Counterclaim Defendant) and simultaneously attached to the Plaintiff.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 29, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 50,000,000, monthly rent of KRW 1,500,000, and the lease period of KRW 1,50,000 from November 20, 2013 to November 19, 2015.

B. In accordance with the above lease agreement, the Defendant paid KRW 50,000,000 to the Plaintiffs, and operated a depository by December 31, 2015 upon delivery of the instant building.

C. The Defendant did not pay the rent from December 20, 2013. From March 2015 to June 2015, the Plaintiffs did not pay a total of KRW 267,630 imposed on the instant building, and paid on behalf of the Plaintiffs.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 4 and 6, the purport of the whole pleadings

2. Determination on the main claim

A. Since the contract of this case’s assertion was terminated due to the expiration of the term of validity, the Defendant shall deliver the pertinent building to the Plaintiff at the same time with the refund of the remainder of the amount obtained by deducting the unpaid electricity fee of KRW 267,630 from the deposit for lease to KRW 50,000 and the amount obtained by deducting the rent of KRW 1,50,000 per month from December 20, 2013 to the completion date of delivery of the instant building.

B. According to the above facts, the instant lease agreement was terminated on November 19, 2015. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, barring any special circumstance. 2) Meanwhile, the Plaintiffs are the persons who simultaneously perform the duty to return the lease deposit and claim the deduction of the unpaid rent, unjust enrichment, and electricity fee from the lease deposit.

The Defendant did not pay KRW 267,630 of the electric utility fee of the instant building, and the Plaintiffs paid it on behalf of the Plaintiffs, and the Defendant paid it from December 20, 2013.

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