(영문) 부산지방법원서부지원 2017.08.18 2017가단2395

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(영문) 부산지방법원서부지원 2017.08.18 2017가단2395

건물인도 등

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1. The Plaintiff:

A. From 15,00,000 to 15,000, Defendant C is among the buildings listed in the separate sheet from January 15, 2017.

Reasons

1. Basic facts

A. Lease 1 between the Plaintiff and Defendant C) On June 15, 2006, the Plaintiff is a building indicated in Section 1-A (hereinafter “67m2”) owned by the Plaintiff to Defendant C on June 15, 2006.

) The lease deposit amount of KRW 15,000,000, monthly rent of KRW 770,000 (including value-added tax, and prepaid payment on the 15th of each month) and the lease term of KRW 2 years (hereinafter “instant lease contract”).

(2) Defendant C paid KRW 15,00,000 to the Plaintiff pursuant to the instant lease agreement, and began to use the said KRW 67m2 from around that time.

3) The instant lease agreement was renewed under the implied consent of both the original and the Defendant for more than two years. 4) Defendant C delayed payment on January 15, 2017. On March 22, 2017, the Plaintiff sent to Defendant C a certificate of the content that “the instant lease agreement is terminated on the ground of the failure to pay two or more periods of rent,” and the said certificate of content was served to Defendant C around that time.

5) Notwithstanding the above content certification, Defendant C does not pay a rent continuously and has possessed and used the above 67 square meters portion until now. B. Lease 1 between the Plaintiff and Defendant D) The Plaintiff owned the Plaintiff with Defendant D on September 18, 2006.

The building indicated in the port (hereinafter referred to as “39 square meters for convenience”) leased KRW 10,00,000, monthly rent of KRW 330,000 (including value-added tax, and prepaid payment on the 18th of each month) and the lease period of KRW 2 years.

hereinafter referred to as "the second lease contract of this case"

(2) Defendant D paid KRW 10,000,000 to the Plaintiff pursuant to the instant lease agreement, and began to use the said KRW 39m2 as a delivery around that time.

3. The second lease contract of this case is the plaintiff and the defendant for more than two years in the initial contract term.

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