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(영문) 수원지방법원 2018.04.19 2017가단28586

건물인도

Text

1. The defendant is against the plaintiffs:

(a) Attached drawings among the real estate listed in the attached list shall be indicated in (1), (2), (3), (4), (5), and (6);

Reasons

1. Facts of recognition;

(a) Text 1-A

The Plaintiffs, the owners of the real estate stated in the subsection (hereinafter “instant real estate”), stated that the instant real estate is KRW 5 million with the Defendant, and KRW 700,000,000,000,000,000,000,000,000,000,000,000,000,000.

(See the Defendant’s reply on November 22, 2017), the lease term from August 21, 2016 to August 20, 2018 (hereinafter “instant lease”) was concluded, and the instant real estate was handed over to the Defendant.

B. Article 4 of the instant lease agreement provides that “In the event that a lessee fails to pay a rent to the lessee for a period of two years, the lessor may immediately terminate this contract.”

C. As of August 20, 2017, the Defendant delayed the payment of monthly rent, the Defendant delayed payment of KRW 7050,000 in total. D.

On August 2, 2017, the content-certified mail to the effect that the Plaintiffs terminate the instant lease agreement on the grounds of the Defendant’s delay was sent on August 2, 2017, and reached the Defendant around that time.

E. The defendant has been occupying and using the real estate of this case until now.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings

2. Determination:

A. According to the above facts as to the claim for extradition and eviction, the Defendant did not pay more than two vehicles, and the Plaintiff, a lessor of the instant real estate, had the right to terminate the instant lease agreement, and the content-certified mail containing the Plaintiffs’ intent to terminate the instant lease agreement reached the Defendant on or around August 2, 2017, the instant lease agreement was lawfully terminated on or around August 2, 2017 according to the Plaintiffs’ right to terminate.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiffs.

(b) unpaid rents; and