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(영문) 대전지방법원 2017.11.22 2017가단5447

건물명도

Text

1. The defendant shall receive KRW 8,618,240 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Presumed facts

A. On September 10, 2013, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 20 million per month, KRW 1 million per month (payment on October 1, 2013), from October 1, 2013 to September 30, 2015 (hereinafter “instant lease agreement”) with the lease deposit amount of KRW 20 million, and received from the Defendant.

After that, the Plaintiff and the Defendant agreed to extend the term of lease to September 30, 2017.

B. However, the Defendant did not pay the Plaintiff the rent from March 2016, and from December 2016, the Defendant did not run the instant real estate business.

Around January 5, 2017, the Defendant requested the Plaintiff to take measures such as repair, etc. on the instant real estate, but the Plaintiff did not take any particular measures on the ground that the Defendant did not run his/her business.

C. On February 14, 2017, the Plaintiff sent a content-certified mail stating the termination of the lease agreement on the ground that the Defendant was in arrears with respect to the instant real estate, and reached the Defendant around that time.

The Defendant did not pay the electricity charges of KRW 1,137,220, urban gas charges of KRW 83,250, which occurred while using the instant real property.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 4, Eul's 1 through 7, the purport of the whole statement or video, or pleading

2. According to the facts of the judgment on the cause of the claim, the instant lease contract was terminated on the ground of the Defendant’s delay around February 14, 2017, and thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance. From March 2016 to February 14, 2017 when the instant lease contract was terminated, the Plaintiff is obligated to pay the unpaid rent, unpaid electricity, and urban gas fees to the Plaintiff.

In addition to the unpaid rent, the Plaintiff is worth KRW 1 million per month until the Defendant delivers the instant real estate to the Plaintiff.