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(영문) 수원지방법원 2018.04.18 2017가단34598

건물명도등

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. From May 29, 2017, the above real estate.

Reasons

1. Facts of recognition;

A. On November 12, 2014, the Plaintiff, as the owner of the real estate listed in the attached Form (hereinafter “instant apartment”) determined and leased the said apartment to the Defendant as KRW 10,000,000, monthly rent of KRW 580,000, and two years (from December 29, 2014 to December 28, 2016).

B. On December 19, 2016, the Plaintiff extended the term of the lease between the Defendant and the said Defendant for one year (from December 29, 2016 to December 28, 2017) and determined the monthly rent as KRW 600,000.

C. The Defendant paid the monthly rent for five months, which was the monthly rent of the above extended lease, and did not pay the remainder at all. Accordingly, the Plaintiff notified that the above lease was terminated several times since September 6, 2017.

[Evidence: Facts without dispute; Gap 1-8 evidence (including paper numbers); the whole purport of oral argument]

2. According to the facts of the above recognition, the above lease was terminated due to the rent delay of the defendant.

In addition, since the monthly rent paid by the Defendant falls under the rent from December 29, 2016 to May 28, 2017, the Defendant is obligated to deliver the instant apartment to the Plaintiff and pay to the Plaintiff the amount equivalent to KRW 600,000 per month from May 29, 2017 to the delivery date of the said real estate.

[Plaintiff’s claim for three million won (60,000 won x5 months) for five months remaining after calculating the monthly rent from December 29, 2016 to September 28, 2017 as the monthly rent of ten months, excluding the portion for five months already received. However, in calculating the amount from December 29, 2016 to September 28, 2017, the Plaintiff’s claim shall be reduced to one-month since it was nine months from September 29, 2017, and thus, the Defendant shall deduct the amount of KRW 10,000 from the delayed rent of 10,000,000 for this reason. Accordingly, the Defendant is obligated to pay the remainder of the amount of the deposit after deducting the amount of KRW 10,00,000 from the aforementioned amount of the deposit.

I would like to say.

3. If so, the defendant delivers to the plaintiff the real estate stated in the separate sheet, and 600 monthly from May 29, 2017 to the delivery date of the above real estate.