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(영문) 수원지방법원 2018.04.18 2017나70205

건물명도

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1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 17,689,33 as well as to the plaintiff on December 2017.

Reasons

1. Basic facts

A. On April 15, 2015, the Plaintiff (Lessee) entered into a lease agreement with the Defendant (Lessee) on a deposit amount of KRW 2 million (one million in the contract amount, one million in the remainder), 1.2 million monthly rent (one million in the remainder), and 1.2 million won in the contract period from March 25, 2015 to March 24, 2016, with the remainder of deposit amount of KRW 1 million (one million in the contract amount, and one million in the remainder) as the value-added tax (hereinafter “instant lease agreement”) attached to the real estate listed in the attached list until the payment of the remainder of deposit amounts of KRW 2,3,4,5, and 2,000,000 (in September 25, 2015).

B. From the time of the conclusion of the instant lease agreement, the Defendant operated a business in the instant commercial building; the Plaintiff paid KRW 1 million out of the deposit to the Plaintiff; and the remainder of KRW 1 million was not paid.

In addition, the Defendant’s rent until February 22, 2016 to the Plaintiff on April 29, 2015:

6.2.

6. 30.

7. The payment of 1430,000 won (including value-added tax) on July 27, 10.20, and 1430,000 won was made in six equal installments, and the payment was made in arrears for four equal terms.

C. On February 22, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement as of March 24, 2016 on the grounds of the foregoing delinquency in rent, etc., and reached the Defendant around that time.

Since then, the Defendant amounting to the Plaintiff KRW 2 million on February 29, 2016, as the rent of the instant commercial building,

3.21.4 million won;

8. 23.3 million won was additionally paid.

E. On December 19, 2017, the Defendant handed over the instant commercial building to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 5, and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated on March 24, 2016 upon the Plaintiff’s notice of termination on February 22, 2016. Nevertheless, the Defendant occupied and used the instant commercial building until December 19, 2017.

Therefore, the defendant shall not be paid to the plaintiff unless there are special circumstances.