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(영문) 춘천지방법원 2018.09.12 2017나51447

건물명도

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall provide the plaintiff with the real estate listed in the attached list.

Reasons

. Payment was made;

C. On January 14, 2015, the Plaintiff concluded a contract with the Defendant to lease the instant real estate.

(hereinafter referred to as “second lease contract”). Details of the second lease agreement are as follows.

Article 3 of the tenant (A) of the lessor (B) / [Lease Deposit] Lease Deposit for the leased real estate and the timing for payment shall be as follows:

1. Deposit: One total sum of 10 million won (Won 100,000,000): The amount set off and disposed of with the existing down payment of 1.0 million won (Won 80,000,000): Article 4 of the expected deposit to be deposited by January 31, 2015 / [Lease 20,000,000]

1. Monthly rent is determined as one million won (Won 50,000,000) (Won 50,000), and “B” must be paid to “A” on the fifth day of each month.

3. Where the monthly rent is in arrears for at least two months, “A” may terminate the contract immediately, and “B” may not raise an objection thereto.

* A lessee is changed to C, D, or E at the request of the former lessee C, D, or E. B.

C, D, E’s letter of delegation of rights and certificate of personal seal regarding this lease agreement shall be received later at C’s request, and later, if “A” was unable to obtain a letter of delegation of rights or certificate of personal seal impression related to a lease agreement of C, D, and E, this agreement shall be null and void (hereinafter “instant special agreement”).

The Defendant paid 20 million won to the Plaintiff pursuant to the second lease agreement, but did not thereafter pay the following rent.

E. Accordingly, the Plaintiff submitted the instant complaint to the first instance court, which contains the content that the second lease contract is terminated on the ground of Article 4 subparag. 3 of the second lease agreement as the Defendant did not pay a rent, and the duplicate was served on the Defendant on January 20, 2017.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination: