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(영문) 의정부지방법원 2015.07.07 2014가단40008

건물인도 등

Text

1. The defendant shall be the plaintiff.

A. From 21,600,000 to 21,600 won, among the real estate listed in the separate sheet from September 19, 2014.

Reasons

1. Basic facts

A. On September 18, 2010, the Plaintiff and the Defendant renewed the existing lease agreement with respect to the instant store owned by the Plaintiff with the following content (hereinafter “instant lease agreement”).

The object of lease: The lease deposit for the instant store (mutual "C"): the amount of KRW 30 million (the increase in KRW 10 million): the lease period of KRW 900,000 per month (the payment shall be made on September 18, 2010): the special agreement from September 18, 2010 to 60 months: Other matters shall be the rent for the month in accordance with the Commercial Building Lease Protection Act and shall be transferred to the lessor's account.

B. On September 30, 2010, the Defendant additionally paid KRW 10 million to the Plaintiff the lease deposit increased according to the instant lease agreement.

C. The Defendant paid KRW 900,000 to the Plaintiff on October 18, 201, the first rent payment date under the instant lease agreement, and thereafter paid KRW 900,000 to the Plaintiff on the 18th day of each month. As the Plaintiff did not pay KRW 900,000 for the rent on July 19, 2013, there was a delay in paying KRW 2,70,000 for the rent amounting to KRW 3rd rent.

Meanwhile, the Defendant paid to the Plaintiff a total of KRW 34.8 million from October 18, 2010 to September 18, 2014.

Accordingly, on September 24, 2014, the Plaintiff sent a written notification to the Defendant on the ground that the instant lease contract is terminated by content-certified mail, and the Defendant received the said written notification at that time.

E. The defendant has used the store of this case until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease contract was lawfully terminated by the Plaintiff’s declaration of termination on the grounds of the Defendant’s delay in payment of monthly rent, and barring any special circumstance, the Defendant is obligated to deliver the instant store to the Plaintiff, barring any special circumstance. 2)