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(영문) 의정부지방법원 고양지원 2017.04.28 2016가단26528

건물인도 등

Text

1. The defendant shall be the plaintiff.

A. Annex A, B, and C with regard to “sub-story” among the real estate listed in the attached list.

Reasons

1. Facts of recognition;

(a) The real estate listed in the attached list was owned by the Regulatory Foundation.

On August 16, 2014, the Defendant leased a part of the real estate stated in the attached Form from the Doctrine Regulatory Foundation, a foundation, as follows:

(1) 106: 400,000 won per month of rent for 10 million won, and (2) 201 for two years from August 30, 2014: 20,000 won of lease deposit, 1.2 million won per month of rent, 1.2 million won per month, and 3 years from August 30, 2014, and 2.4 million won of lease deposit for two years from August 30, 2014 (attached Form; hereinafter referred to as "the land of this case"): 20,000 won of lease deposit, 2.4 million won of rent, management fee, 50,000 won per month, and 50,000 won for the term of existence from August 30, 2014.

B. The Plaintiff purchased the real estate listed in the attached list from the Regulatory Foundation, a foundation, and completed the registration of ownership transfer in its name on December 4, 2015.

On the same day, the plaintiff and the defendant have changed the term of the lease contract under paragraph (1) into two years from December 4, 2015, and the remainder has renewed the lease contract under the same conditions.

However, the defendant did not pay all the rent and management expenses to the plaintiff.

C. On June 5, 2016, the Defendant delivered the part of 201 to the Plaintiff at the Plaintiff’s request, and the sum of KRW 7.2 million for six months until then and KRW 7.880,000 for management expenses was overdue.

Therefore, the Plaintiff did not have returned 1,2320,000 won remaining after deducting the overdue rent from the lease deposit. D.

On October 30, 2016, the Plaintiff notified the Defendant of the termination of the lease agreement with respect to the instant sub-story on the ground of the delinquency in rent.

As of November 3, 2016, rent 26.4 million won is the sum of 550,000 won for the land of this case, and management fee 2,6950,000 won is the sum of 5.5 million won.

[Ground for Recognition: Facts without dispute, entry in Gap evidence 13, purport of the whole pleadings]

2. Determination

A. The Defendant’s delay in the payment of rent, such as the fact that the Defendant’s obligation to deliver the instant branch floor was recognized.