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(영문) 부산지방법원 2018.04.03 2018가단639
임대차보증금
Text

1. The Defendant’s KRW 1,332,877 as well as the Plaintiff’s annual rate of 5% from December 6, 2017 to April 3, 2018, and the following.

Reasons

1. Facts of recognition;

A. C is the owner of the land indicated in paragraph (1) of the attached Table 1 and Paragraph (2) of the attached Table 1, which is part of the building site, as indicated in the attached Table 1 list, and the Defendant is the owner of the land indicated in paragraph (3) of the attached Table 1, which is part of the building site.

B. On November 17, 2014, the Defendant: (a) concluded a lease agreement with the Plaintiff on the part (Ga) in a ship (Ga) connected with each of the items in sequence with the Plaintiff and the building (hereinafter “leased object”); (b) KRW 10 million per month; and (c) KRW 500,000 per month; and (d) the lease agreement was concluded between November 17, 2014 and November 26, 2016, respectively (hereinafter “instant lease agreement”); and (c) as a special agreement, “in the event of sale or reconstruction, delivery of the leased object is to be made within three months after the notification.”

C. On February 22, 2017, the Defendant concluded a sales contract for each real estate, etc. listed in the separate sheet, including the object of lease with D on February 22, 2017, and requested the Plaintiff to deliver the leased object on February 27, 2017, “if the delivery of each real estate, etc. is not made by August 22, 2017, which was six months after the contract was concluded, the amount equivalent to the total rent for each real estate, etc. thereafter.”

On April 20, 2017, the Defendant agreed with the Plaintiff to deliver the leased object by August 10, 2017 (hereinafter “instant agreement”), and on April 21, 2017, the Plaintiff paid KRW 14 million to the Plaintiff.

E. Meanwhile, the Plaintiff paid only the rent from June 2017 to May 2017, and did not pay the rent from June 2017. On November 1, 2017, the Defendant deposited 7.5 million won (=5 million won x 5 months) remaining after subtracting the sum of the rent in arrears for five months from June 1, 2017 to October 2017.

Busan District Court in 2017.

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