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(영문) 대전지방법원 2017.10.20 2017가단5850
건물인도 등
Text

1. From April 12, 2017 to October 2017, 2017, the Plaintiff (Counterclaim Defendant) paid KRW 3,467,742 to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 24, 2016, the Plaintiff entered into a lease agreement with the Defendant to lease real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with the term of KRW 10,000,000, KRW 500,000, KRW 800,000, and the term of lease from December 8, 2016 to December 7, 2018 (hereinafter “instant lease”).

B. At the time of the above lease agreement, the Defendant paid KRW 1,00,000,000 on the date of the contract, KRW 4,000,00 on the date of the contract, and KRW 5,000,000 on December 8, 2016 on the date of commencement of the above lease, respectively, and paid KRW 5,000,000 on the remainder of the lease deposit on May 8, 2017 during the lease term.

C. The Defendant paid to the Plaintiff KRW 1,000,000 on the day of the contract as the instant lease deposit, and KRW 4,000,000 on December 9, 2016, respectively.

On the other hand, the Defendant did not move into the instant real estate even after December 8, 2016, which was the starting date of lease under the instant lease agreement, based on personal circumstances, and the Plaintiff left the key of the instant real estate to the licensed real estate agent office around that time.

E. On February 10, 2017, the Plaintiff sent a certificate of content to the Defendant and notified the Defendant that the instant lease contract should be terminated on the grounds of the Defendant’s delinquency in payment and refusal of delivery. On February 2, 2017, the Plaintiff sent text messages to the Defendant during the instant lease contract, and then sent a text message to the effect that, on February 26, 2017, the Defendant responded to the Defendant that he would be a director of the instant real estate on February 26, 2017, the Defendant sent a text message to the effect that “heat would be found at the real estate agent office.”

F. The Defendant did not actually move into the instant real estate even after the fact.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s lease of this case is at least two rents of the Defendant.

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