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(영문) 의정부지방법원고양지원 2015.08.21 2015가단2884

건물명도

Text

1. As to KRW 3,830,340 from the Plaintiff, KRW 10,00,000, and KRW 2,730,00 among them, the Defendant shall start on July 21, 2015.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the termination of a lease agreement, the Plaintiff entered into a lease agreement with the Defendant on November 1, 2012, setting a deposit of KRW 10,00,00 for the real estate listed in the separate sheet (hereinafter “instant real estate”) and monthly rent of KRW 600,000 (excluding value-added tax) with regard to the termination of the lease agreement; and the Defendant entered into a lease agreement with the Defendant on January 19, 2015 to pay late rent of KRW 20,000 per annum (hereinafter “instant lease agreement”); the Defendant unpaid rent of at least seven (7), seven (3) years as of January 19, 2015; the Plaintiff appeared to have expressed his/her intention to terminate the lease agreement on the grounds thereof; the Defendant paid unpaid rent of KRW 30,00 for the instant real estate on October 30, 2014 and KRW 20,000 for the instant period of KRW 20,530,05.

According to the above facts, the instant lease contract was terminated on January 9, 2015, where the Plaintiff notified the termination of the lease contract on the grounds of the delinquency in rent, barring any special circumstances.

In this regard, the defendant asserts that the lease agreement remains as it is, since the plaintiff would withdraw the lawsuit of this case and paid all remaining rents around April 2, 2015, if the unpaid rent is deposited during the lawsuit of this case.

However, even though the Defendant was deemed to have fully paid the unpaid rent up to March 2, 2015, it is insufficient to acknowledge that there was an agreement between the Plaintiff and the Defendant to reinstate the instant lease agreement, and there is no other evidence to acknowledge otherwise.

Furthermore, the defendant's argument in this case is discussed earlier.