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(영문) 수원지방법원 2016.02.17 2015가단29103

건물명도

Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and KRW 1,500,000 as well as the foregoing on July 14, 2015.

Reasons

1. Facts of recognition;

A. On November 15, 2012, the Plaintiff leased real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant as the lease deposit amount of KRW 2,00,000, monthly rent of KRW 250,000, and the lease period of KRW 12 months until November 15, 2013.

(hereinafter “instant lease agreement”). B.

The Defendant did not pay KRW 3,500,000 to the Plaintiff for the monthly rent of 14 months from April 2014 to May 2015.

C. The instant lease agreement has been renewed even after the expiration of the term. On June 4, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of the Defendant’s delinquency in rent.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including virtual numbers), and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the lease contract of this case was terminated upon termination, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay 1,500,000 won which remains unpaid after deducting 2,00,000 won from the lease deposit, as requested by the plaintiff, and to pay damages for delay at each rate of 15% per annum as stipulated in the Civil Act from July 14, 2015 to February 17, 2016, which is the date of delivery of a copy of the complaint of this case, which is obvious in the record that it is reasonable for the defendant to dispute as to the existence and scope of the obligation of this case from July 14, 2015.

The Plaintiff is also seeking the payment of the above amount if the Defendant did not pay the water rate of KRW 100,000, and the purification tank cleaning cost of KRW 6,000. However, there is no evidence suggesting that the Defendant should pay the amount claimed by the Plaintiff. Therefore, the Plaintiff’s claim for the above part is rejected.

3. The Defendant’s assertion is the monthly rent from January 15, 2015.