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(영문) 부산지방법원 2019.08.30 2019나279
임대차보증금 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. As to the judgment of the first instance that was rendered on December 19, 2018 by the Defendant, the Defendant filed an appeal for subsequent completion on January 16, 2019. In full view of the records and the purport of the entire pleadings in the instant case, the first instance court proceeded with the litigation by means of service by public notice from the delivery of a copy of the complaint against the Defendant, and the Defendant, on January 16, 2019, appears to have known of the judgment of the first instance and the fact that the original copy of the judgment was served by public notice. Thus, the instant appeal for subsequent completion filed on the same day, is lawful.

2. Basic facts

A. On October 31, 201, the Plaintiff entered into a lease agreement with the Defendant to lease the Plaintiff’s housing (hereinafter “instant real estate”) located in the Seo-gu Busan (hereinafter “instant real estate”) with the deposit amount of KRW 27 million and resided in the instant real estate D.

B. On April 7, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease term as until June 15, 2017, setting the lease term as KRW 18 million, reduced from the existing lease deposit, and monthly rent as KRW 20,000,000, reduced from the annual rent due to the inconvenience of water leakage.

C. After the conclusion of the instant lease agreement, the Plaintiff moved into the title E in the instant real estate No. 4, and the instant lease agreement was implicitly renewed once.

On January 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement and delivered the instant real estate E to the Defendant on February 6, 2018.

E. The Plaintiff paid only monthly rent to the Defendant by January 15, 2018, and thereafter did not pay the rent. On March 6, 2018, the Defendant returned KRW 17.4 million out of the lease deposit to the Plaintiff on March 6, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

3. The plaintiff's assertion

A. The instant lease agreement is concluded.

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