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(영문) 수원지방법원 안산지원 2018.04.18 2017가단16297

건물명도

Text

1. The defendant takes precedence over each point of the attached Form 1, 2, 3, 4, and 1 among the 1st floor of the building listed in the attached list to the plaintiff.

Reasons

On April 10, 2017, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant and the term from April 30, 2017 to April 29, 2019, with regard to the section at the place of the ship connected in sequence 1, 2, 3, 4, and 1 of the attached drawings among the first floor of the building indicated in the attached list (hereinafter referred to as “instant building”), with regard to the lease deposit of KRW 5 million [one million in the contract deposit and the balance of KRW 4 million (payment April 30, 2017), the rent monthly, and the term of lease from April 30, 2017 to April 29, 2019, and received KRW 1 million in the down payment from the Defendant’s deposit.

The Plaintiff, at the time of the instant lease agreement, made it possible to install poppy writing on the instant building before paying the remainder of the deposit at the Defendant’s request, but agreed to deliver the balance after restitution if the remainder is not paid.

However, in addition to the installation of poppy, the Defendant brought polyceros and stuffs to the instant building.

Therefore, the Plaintiff demanded the Defendant to pay the remainder of the deposit immediately, but the Defendant demanded the installation of urban gas measuring instruments and did not pay the remainder of the deposit after the expiration of the payment date.

[Ground of recognition] The facts that there is no dispute, Gap evidence No. 1, and the purport of the whole pleading are acknowledged as above. Since the defendant violated the obligation to pay the special contract and the deposit under the lease agreement of this case, the defendant is obligated to collect polyms, poppy and straws in the building of this case and deliver the building of this case to the plaintiff according to the special contract of this case.

I would like to say.

The plaintiff's claim is justified and it is so decided as per Disposition.