logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.05.13 2015나10827
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. From March 29, 2006 to March 29, 2006, the Defendant: (a) KRW 7 million as the lease deposit; (b) KRW 600,000 as the monthly rent until February 2009; and (c) KRW 600,00 as from March 1, 2009.

C. The Plaintiff succeeded to the status of the lessor under the previous lease agreement, following the Plaintiff’s acquisition of the ownership of real estate listed in the separate sheet by the Busan District Court Central District Court No. 25760 on September 13, 2010 on the ground of sale and purchase on July 21, 2010.

B. On the other hand, on March 30, 201, the Plaintiff concluded a new lease agreement with the Defendant, setting the lease term of KRW 103.07 square meters for the first floor and KRW 27.31 square meters for underground floors (hereinafter “instant real estate”) from March 30, 201 to March 30, 2013; KRW 10 million for lease deposit; and KRW 8 million for monthly rent as indicated in the attached Table.

(hereinafter “instant lease agreement”). C.

From August 1, 2012, the Defendant did not pay a rent under the instant lease agreement. Accordingly, on the ground that the rent was delayed for more than two months on December 31, 2012, the Plaintiff served on the Defendant a duplicate of the complaint of the lawsuit claiming the delivery of real estate, stating the intention to terminate the instant lease agreement, on the ground that the lease agreement was terminated.

At the same time, Busan District Court 2012Kadan109541 rendered a request for the delivery of the instant real estate and received a final judgment in favor of the Defendant. D.

Although the judgment ordering the transfer of the instant real estate became final and conclusive, the Defendant did not deliver the instant real estate. On May 23, 2013, the Plaintiff enforced compulsory transfer of the instant real estate on the basis of the said final and conclusive judgment (hereinafter “voluntary transfer execution”), and KRW 6,019,750 was finalized at the expense of the enforcement (D).

The plaintiff is subject to compulsory execution against corporeal movables owned by the defendant in order to reimburse the above execution cost.

arrow