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(영문) 부산지방법원 2016.03.10 2015가단57863
토지인도등
Text

1. From 30,00,000 to 30,000 won, the Defendant shall deliver each real estate listed in the separate sheet from July 1, 2015 to 30,000 won.

Reasons

1. Determination on the cause of the claim

A. On November 21, 2014, the Plaintiff entered into a lease agreement with the Defendant on each of the real estate listed in the attached list (hereinafter “instant real estate”) as KRW 50,00,000, monthly rent of KRW 300,000 (excluding value-added tax), and the period from January 1, 2015 to December 30, 2017; on the other hand, KRW 30,000,000, out of the lease deposit, shall be replaced by KRW 30,000,000 paid from the Defendant under the previous lease agreement, and the remaining amount of KRW 20,00,000,000 shall be paid by May 30, 2015, the Plaintiff did not pay the Plaintiff additional lease deposit or KRW 20,000,000 from May 30, 2015 to December 30, 2015, and did not provide the Plaintiff with the purport of each of the instant lease agreement.

B. According to the above facts of determination, the instant lease agreement was lawfully terminated on June 2, 2015, on the ground that the Plaintiff’s notice of termination of the lease agreement was served on and around June 2, 2015, on the ground that the Defendant breached the Defendant’s obligation to pay additional lease deposit. Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the Plaintiff the amount equivalent to the rent of KRW 3,300,000 per month from July 1, 2015 to the completion date of delivery

2. The defendant's defense shall be a defense of simultaneous performance that the defendant cannot respond to the claim for delivery of the real estate of this case until the plaintiff redeems the lease deposit amount of KRW 30,000,000.

In the lease of real estate, the deposit received shall be the obligation of rent.

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