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(영문) 창원지방법원 마산지원 2018.08.14 2018가단70
건물인도 등
Text

1. The defendant shall be the plaintiff.

A. From 40,000,000 to 40,000, the delivery of the building as indicated in the separate sheet from September 8, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 25, 2016, the Defendant leased a building listed in the separate sheet (hereinafter “instant building”) from C by setting the deposit of KRW 40 million, monthly rent of KRW 600,000,000, and the period from March 8, 2016 to March 7, 2018.

(hereinafter “Lease”). On July 13, 2016, the Plaintiff purchased the instant building from C.

B. From September 8, 2016, the Defendant did not pay the Plaintiff the rent of the instant building.

C. Meanwhile, on November 25, 2016, upon request from D, the Defendant borrowed KRW 30 million from a third party (hereinafter “existing loan”), and upon receiving a demand to repay the loan, the Defendant signed and sealed the loan certificate as stated on June 13, 2017 (hereinafter “the loan certificate in this case”) and delivered it to D.

D around June 14, 2017, the Plaintiff issued the instant loan certificate (in the column where D is a joint and several surety) and received KRW 30 million from the Plaintiff, and the Defendant repaid the amount of the Defendant’s existing loan with the money.

E. On December 18, 2017, the Plaintiff terminated the instant lease agreement on the ground of two or more rent delays to the Defendant.

‘A’ sent the certificate of content to that effect.

[Reasons for Recognition] Unsatisfy, Gap 1-7 evidence (including paper numbers), Eul 1 evidence, witness D's testimony, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the claim for the delivery of a building, the instant lease agreement was terminated on the grounds of two or more rents around December 18, 2017.

Therefore, the defendant is obliged to deliver the building to the plaintiff at the same time with the remaining money obtained from the plaintiff after deducting the amount calculated as KRW 600,000 per month from September 8, 2016 to the completion date of delivery of the building of this case, which is the date of delay from the rent of KRW 40,000,000.

B. According to the above facts as to the loan claim, the instant loan certificate is about the monetary loan from the Defendant.

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