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(영문) 대전지방법원서산지원 2017.11.07 2017가단3606

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. KRW 1,000,000 and its related thereto on August 15, 2017

Reasons

1. Facts of recognition;

A. On June 30, 2009, the Plaintiff entered into a lease agreement with the Defendant for the annual rent of KRW 3 million and the annual contract period of one year (hereinafter “instant lease agreement”) with respect to the real estate listed in the separate sheet (hereinafter “instant housing”).

B. From June 30, 2009 to June 29, 2011, the Defendant paid to the Plaintiff KRW 6 million in total as annual rent for two years. From June 30, 201 to June 29, 201, the Defendant paid KRW 5 million in total as annual rent for two years from June 30, 201 to June 29, 2013, and did not pay the rent after June 30, 2013.

C. On June 22, 2017, the Plaintiff notified the Defendant that the instant lease contract was terminated on June 30, 2017, without paying the unpaid rent of KRW 1 million from June 30, 2011 to June 29, 2013, and on June 30, 2013. On July 4, 2017, the Plaintiff notified the Defendant that the instant lease contract was terminated on the grounds that the Defendant’s rent was unpaid.

Each of the above notifications reached the defendant at the time of each notification.

The Defendant did not reside in the instant house as of the date of the closing of the argument, but left the Defendant’s furniture, household goods, clothing, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, Gap evidence No. 5, video, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff and the Defendant set forth KRW 3 million per annum in the instant lease agreement, and the Defendant possessed the instant house until the date of closing argument. Since the Defendant did not pay more than two vehicles, the instant lease agreement was terminated, and the Defendant did not notify the Plaintiff that the instant lease was terminated, and the Defendant did not demand the delivery of the instant building and the payment of unpaid rent. (2) As such, the instant lease agreement was implicitly renewed, and the Defendant currently uses the instant house for warehouse.

B. Summary of the Defendant’s assertion.