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(영문) 창원지방법원진주지원 2015.12.16 2014가단13217
전세금반환및 시설비청구
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant occupy and used the first and second floors among the fourth floor buildings of Jinju-si, which were owned by the Defendant from March 2007 (hereinafter “instant building”).

B. B. Before the Plaintiff’s use of the instant building, D’s first floor and E’s second floor were leased and used respectively, but around March 20, 2007, KRW 10 million was refunded to E, and around September 2007, KRW 40 million was returned to D.

C. The Defendant prepared to the Plaintiff a lease contract (hereinafter “instant lease contract”) with respect to the first floor of the instant building, which is KRW 30 million, KRW 100,000,000 for monthly rent, and KRW 24 months from March 1, 2007, and the Plaintiff entered his name in the lessee’s column under the instant lease contract.

Around March 2008, the Defendant decided to lease the first floor of the instant building as KRW 20 million and KRW 200,000,000 for monthly rent between G and G, which was the Plaintiff’s wife. G paid KRW 200,000 each month to the Defendant from April 2008 to August 200.

E. G delivered the first floor of the instant building to the Defendant at the end of December, 2010, and the Defendant paid G KRW 15 million after deducting the overdue rent, etc. incurred during the lease period.

F. Around 2011, the Defendant filed a lawsuit against the Plaintiff seeking the delivery of the instant building and the payment of the overdue rent (hereinafter “the instant case”), and the conciliation was concluded between the Plaintiff and the Defendant that “the Plaintiff delivers the instant building to the Defendant by February 29, 2012, and waives the remainder of the Defendant’s claim” between the Plaintiff and the Defendant.

On July 2012, the Plaintiff delivered the second floor of the instant building to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 6, 15, Eul evidence Nos. 1, 2 and 4 (including each number), and the purport of the whole pleadings.

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