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(영문) 수원지방법원안양지원 2014.10.16 2014가단10401

건물명도

Text

1. The defendant shall be the plaintiff.

(a)on the second floor 39 square 1 Hobbes, 2 and 7, among the real estate listed in the annex list;

(b) 2,520.

Reasons

1. Basic facts

A. On May 25, 201, the Plaintiff leased KRW 7,000, KRW 7,000, KRW 500,000 from May 25, 2011 to May 25, 2013 from May 25, 2011, and KRW 50,000 per month, and KRW 20,000 management expenses (in consideration of the contents of the letter of September 8, 201, which is seen below, it is deemed that the Plaintiff and the Defendant agreed to pay management expenses of KRW 20,00 per month) among the real estate listed in the attached Table list, the Plaintiff leased KRW 39,10,00, KRW 27,100 (hereinafter “instant real estate”).

(hereinafter referred to as “instant lease agreement”). (b)

In the event that the Defendant paid KRW 3 million to the Plaintiff, on July 2, 2011, acquired the possession of the instant real estate on the part of the deposit, and paid KRW 4 million in the balance by August 30, 201, but did not pay it.

C. On September 8, 2011, the Defendant: (a) prepared a written statement stating, “If the remainder of the deposit unpaid by September 30, 201 and KRW 1040,000,000 (including management expenses) are not paid, then the Defendant issued to the Plaintiff a written commitment that the lessor will comply with the disposal as specified in the contract.”

As the Defendant continued to pay the rent without paying the balance of the deposit, the Plaintiff notified the Defendant that the instant lease contract will not be renewed on or around November 2012.

E. From July 2, 2011 to May 31, 2014, the Defendant paid only KRW 12.48 million out of the rent and management expenses (=35 months x 5.2 million) for 35 months from July 2, 2011, and the deposit paid was appropriated for the rent and management expenses in arrears.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. The assertion and judgment

A. According to the above fact-finding on the cause of the claim, since the instant lease contract was terminated on May 25, 2013, the Defendant delivered the instant real estate to the Plaintiff, and the unpaid rent and management fee until May 31, 2014 are unpaid at KRW 2.520,000.