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(영문) 수원지방법원 평택지원 2018.01.19 2017가단58029

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

A. Of the real estate listed in the attached list No. 1, the indication of the survey result on the attached list No. 1, 2, 5, 6, 1-1.

Reasons

1. Basic facts

A. On October 1, 2007, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50 million, monthly rent of KRW 1.5 million, and the lease term from October 1, 2007 to September 30, 2017 (hereinafter “the first lease agreement”).

The plaintiff allowed the defendant to use the parking space inside the basement, the first floor parking lot, and the outer wall of the building at the time of the first lease contract. Accordingly, the defendant constructed and used the containers and warehouses specified in Paragraph (1) of this Article in the parking space inside the outer wall of the building.

B. On October 1, 2012, the Plaintiff extended the lease term of the instant lease by five years.

(hereinafter “instant secondary lease”). C.

On July 4, 2017, the Plaintiff notified the Defendant that he/she had no intention to extend the term of lease, and accordingly, the instant secondary lease contract terminated on October 1, 2017.

(C) No dispute exists. 【No ground for recognition】 The fact that there has been no dispute, Gap 2, 3, Eul 1, and 2, and the purport of all pleadings.

2. Determination on the cause of the claim

A. The rejection of the claim for unpaid monthly rent is the cause of this part of the claim. At the time of the conclusion of the first lease contract of this case, the Plaintiff agreed to be paid KRW 1.8 million in cash in addition to the monthly rent of KRW 1.5 million stated in the lease contract (total amount of KRW 1.8 million), and received KRW 2.3 million in cash by an agreement to be additionally paid KRW 8 million from June 2009 (total amount of KRW 2.3 million), and the Defendant agreed to be additionally paid KRW 1.3 million from October 2012 to June 2013, 2000 (total amount of KRW 2.8 million). However, the Defendant agreed to be additionally paid KRW 1.3 million from October 2010 to June 28, 2013 (total amount of KRW 2.8 million). However, the Defendant paid KRW 1.3 million from October 2012 to June 25, 2012.