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(영문) 춘천지방법원강릉지원 2015.07.21 2015가단1488

건물명도 등

Text

1. The defendant

(a) deliver the portion of the building indicated in the annex real estate;

(b) From March 21, 2013 to March 2013.

Reasons

1. Facts of recognition;

A. On September 5, 2012, the Plaintiff entered into a lease contract with the Defendant on the 2nd floor of 79.17 square meters on the 2nd floor among the parts indicated in the building indicated in the attached Table with the Defendant on the 2nd floor, KRW 2,000,000, monthly rent of KRW 200,000, and the lease term of KRW 200,000, and the lessee entered into a lease contract with the lessee on the 2nd floor of 79.17 square meters on the 2nd floor (hereinafter “instant one contract”) and delivered the same to the Defendant on the same day. The Defendant paid KRW 600,000, out of

B. On December 15, 2013, in addition to the instant contract with the Defendant, the Plaintiff entered into a lease agreement with the Defendant on KRW 150,000,00 that it is monthly rent of KRW 29.38 square meters among the part of the building indicated in the attached Form 1, as well as the part of the building indicated in the attached Form 1, and handed over the said three story 29.38 square meters to the Defendant.

C. The Defendant paid 350,000 won in total twice as monthly rent to the Plaintiff at the time of the closure of the pleadings of this case, and paid 700,000 won in the remainder of the monthly rent.

Upon submitting the instant complaint, the Plaintiff expressed his intent to terminate the instant No. 1 and No. 2 contract on the ground that the Defendant’s delinquency in paying two or more periods of rent, after deducting the sum of KRW 1,300,000 paid by the Defendant (i.e., monthly rent of KRW 600,000 paid as lease deposit) from the monthly rent of KRW 6.5 months under the instant contract.

E. On April 9, 2015, a copy of the instant complaint stating the Plaintiff’s declaration of intent to terminate the said lease agreement was served on the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual number), the purport of the whole pleadings

2. According to the facts of the above recognition, the instant contract Nos. 1 and 2 was lawfully terminated on April 9, 2015 by the Plaintiff’s notice of termination, and KRW 1,300,000 in total and the rent that the Defendant paid to the Plaintiff, for 6.5 months from September 5, 2012 to March 20, 2013 under the instant contract No. 1.