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(영문) 부산지방법원 2015.02.12 2014가단48428
건물명도
Text

1. The defendant shall be the plaintiff.

A. The separate points are in order of 1, 2, 3, 4, and 5 indicated in the separate sheet among the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On August 3, 2012, the Plaintiff leased the real estate indicated in the attached Form (A) No. 49.98 square meters (hereinafter “instant building”) indicated in the attached Form No. 3,00,000, monthly rent of KRW 130,000, monthly rent of KRW 130,000, and the lease period from August 3, 2012, which is jointly owned with C (hereinafter “instant real estate”).

B. The Defendant did not pay any more than KRW 230,000,000, which is a two-month difference, without paying only KRW 230,00.

C. On June 23, 2014, a duplicate of the complaint of this case, stating an expression of intent to terminate the lease agreement with the Defendant on the grounds of a rent delay, was served on the Defendant.

[Recognition] Facts without dispute, Gap, and the purport of the whole argument

2. Determination as to the cause of action

A. According to the facts of the above recognition of the request for extradition, the lease contract on the building of this case between the plaintiff and the defendant was lawfully terminated by delivery of a copy of the complaint of this case, barring any special circumstance, the defendant is obligated to deliver the building of this case to the plaintiff.

B. The Plaintiff asserts that the Plaintiff is obligated to pay KRW 5,10,000 remaining after deducting KRW 3,510,000 from the lease deposit from the rent in arrears, as the Plaintiff did not pay the rent in arrears and the amount of the future rent in excess of the amount of KRW 3,510,00 for 27 months from November 3, 2012 to January 2, 2015.

As seen earlier, the fact that the Defendant did not pay the rent after November 3, 2012 is as follows. However, since it is apparent that the period sought by the Plaintiff is not 27 months but 26 months, it is a total of 3,380,000 won (i.e., 26 months x 130,000 won) in arrears, it is obvious that 380,000 won will remain if the Defendant deducted from the rent in arrears the amount of 3,00,000 won.

Therefore, barring any special circumstance, the Defendant requested the Plaintiff to pay 380,000 won in arrears until January 2, 2015, as well as the claim and claim thereof.

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