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(영문) 수원지방법원 평택지원 2018.09.11 2017가단61292

건물명도(인도)

Text

1. The defendant shall pay 10,493,548 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. From around 2005, D entered into a lease agreement with the Defendant with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as KRW 5,000,000, and KRW 800,000 per month of rent, and the said lease agreement continued to have been renewed, and the rent was reduced to KRW 700,000 from around 200.

B. On May 12, 2014, D donated the instant real estate to the Plaintiff, who is a ASEAN, and the Plaintiff succeeded to the said lease agreement on February 28, 2015, and concluded a lease agreement between the Defendant and the Defendant on February 28, 2015, with the terms of KRW 5,000,000, monthly rent payment period, KRW 700,000, monthly rent payment period, and KRW 300,000, monthly rent payment period, and KRW 36 months from February 28, 2015.

C. On July 10, 2017, the Plaintiff notified the Defendant of the termination of the lease agreement on the ground that the unpaid rent of KRW 6,100,000 and the rent of KRW 2,100,000 from April 10, 2017 to June 2017 are not paid.

On May 13, 2018, the Defendant handed over the instant real estate to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7, purport of the whole pleadings

2. The Defendant asserted that the Plaintiff did not pay KRW 6,100,000, out of the rent until November 30, 2010.

In addition, rent from April 2017 has not been paid.

Therefore, for reasons of delinquency in rent, the lease contract with the defendant is terminated, and the delivery of the pertinent real estate and the payment of KRW 8,200,000 [= KRW 6,100,000 (= KRW 2,100,000)] and the amount calculated by the ratio of KRW 700,000 per month from July 1, 2017 to the completion date of delivery of the said real estate is sought.

3. Determination

A. In light of the facts without dispute, Gap evidence Nos. 12-1 through 3, Eul evidence No. 11-14 and the purport of the whole pleadings, the defendant submitted the evidence No. 10-1, 2, and Eul evidence No. 11 to Nov. 30, 2010 to the effect that the defendant delayed the rent of KRW 6,100,000, out of the rent under the above lease agreement until November 30, 2005. < Amended by Presidential Decree No. 19150, Nov. 30, 2005; Presidential Decree No. 19280, Dec. 31, 2005; Presidential Decree No. 19130, Jan. 31, 2006; Presidential Decree No. 1