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(영문) 전주지방법원 2018.07.13 2017가단23747

건물명도 등

Text

1. The defendant

(a) deliver the real estate listed in the separate sheet;

B. 23,150,000 won and October 23, 2017

Reasons

1. Basic facts

A. On December 4, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,500,000 (value-added tax separate) and the lease term from February 12, 2014 to February 12, 2016 (hereinafter “instant lease agreement”).

B. The Defendant did not pay the monthly rent from February 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Determination of the parties' arguments

A. According to the above facts, the lease contract of this case appears to have been impliedly renewed on the condition that the Plaintiff, a lessor, did not raise an objection within a reasonable period upon the expiration of the period on February 12, 2016, and the Defendant did not pay two or more rents under the same conditions as the lease of this case. Thus, the lease contract of this case was terminated by the delivery of a copy of the complaint of this case. Thus, the Defendant transferred the real estate of this case to the Plaintiff, barring special circumstances, and as the Plaintiff wishes, 1/23,150,000 [6,30,000,000 won [20,000 won] from the overdue rent of this case from February 12, 2014 to September 11, 201 x 10,000 won [20,000 won, excluding the deposit for lease of this case from February 12, 2014 to 10, 2015].

B. Determination of the Defendant’s assertion 1 is from the instant real estate to July 2014.