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(영문) 수원지방법원안산지원 2015.08.28 2014가단103893

건물명도

Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On July 30, 2005, the Plaintiff entered into a lease agreement with the Defendant on July 30, 2005 by stipulating that the lease deposit amount of KRW 3,200,000, monthly rent of KRW 190,000, and the lease term of KRW 36 months from July 30, 2005, with regard to the portion of (A) part of (a) linked in sequence 8.784 square meters (hereinafter “instant store”) among the real estate listed in the attached list owned by the Plaintiff, among the real estate listed in the attached list owned by the Plaintiff, may be terminated if the Defendant delayed the payment of rent more than three times (hereinafter “instant lease”).

B. The Defendant did not pay to the Plaintiff KRW 190,00 for the rent of November 2005, KRW 190,000 for the rent of June 2007, and KRW 190,00 for the rent of June 2008, respectively.

C. From February 2009 to February 201, 2014, the Defendant paid to the Plaintiff KRW 126,000 reduced by KRW 190,000 from the previous rent of KRW 190,00. Of them, each rent was not paid on March 2, 2013, September 2013, and November 201, respectively.

On March 4, 2014, the Plaintiff sent to the Defendant a content-certified mail stating the termination of the instant lease agreement on the grounds of delinquency in rent, and the said mail reached the Defendant on March 5, 2014.

[Ground of recognition] Facts without dispute; Gap evidence 1 to 3; Eul evidence 5 to 8; Eul evidence 1 (including each number); the court's commission of surveying and appraisal to appraiser B; the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant did not pay to the Plaintiff each portion of November 2005, the portion of June 2007, the portion of June 2008, the portion of June 2008, the portion of March 2013, the portion of September 2013, and the portion of November 2013. The Plaintiff terminated the instant lease agreement on March 5, 2014 on the grounds of the Defendant’s delinquency in rent. As such, the Defendant is obligated to deliver the instant store to the Plaintiff. 2) In relation to this, the time when the Plaintiff terminated the instant lease agreement on October 16, 208.