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(영문) 전주지방법원군산지원 2016.09.23 2016가단1217
건물인도
Text

1. The defendant shall receive KRW 87,763,212 from the plaintiff, and at the same time, shall be the building stated in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. In February 2015, the Plaintiff leased the instant building to the Defendant from February 7, 2015 to February 6, 2020 (the existence of a special agreement to maintain the contract again for five years by extending the contract term upon the expiration of the contract term), the lease deposit amount of KRW 150,000,000, and the rent of KRW 8,000,000 (the payment date: the seventh day of each month).

The first lease contract made between the Plaintiff and the Defendant is written as KRW 200,000,000, monthly rent of KRW 7,000,000 (afterward), but thereafter, the Defendant agreed to change the lease deposit to KRW 150,00,000, monthly rent of KRW 8,000,000.

However, the deposit actually paid is KRW 130,000,000 as follows.

As above, the plaintiff's assertion is somewhat different in relation to the situation in which the monthly rent is KRW 8,00,000,000, and the defendant's assertion is somewhat different. The plaintiff's assertion that the monthly rent is KRW 8,000,000 instead of reducing the lease deposit to KRW 150,000,000, while the defendant's assertion made the lease deposit to be reduced to KRW 150,000,000, the lease deposit was actually paid to KRW 130,000 on February 7, 2017, because it was not paid to KRW 20,000,000 on the other hand, and until that time, it was paid KRW 8,00,000 on the monthly rent.

In order to pay the lease deposit, the Defendant established a right to lease on a deposit basis with the Plaintiff as to the instant building, and received a registration of establishing a right to lease on a deposit basis with a financial institution as a collateral, and thereafter established a right to lease on a deposit basis of KRW 220,00,000 from the Plaintiff for the instant building and paid KRW 130,000 among them to the Plaintiff as the deposit money.

B. The defendant raises an objection.

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