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(영문) 수원지방법원 2017.08.16 2017가단13324

건물명도

Text

1. The Defendant: (1) delivers the building listed in the attached Table 1 list to the Plaintiff; and (2) from April 28, 2017, KRW 16,200,000 and the above.

Reasons

1. Evidence A through A7 and the purport of the whole pleadings, which have been recognized;

A. On February 7, 2015, the Plaintiff entered into a lease agreement with the Defendant to lease the instant building with the term of KRW 30 million, KRW 1350,000 per month, KRW 1350,000 per month, and KRW 24 months from February 27, 2015 to February 27, 2017, and delivered the instant building on February 27, 2015 after receiving deposit money from the Defendant.

B. On April 27, 2017, the Defendant did not pay a total of KRW 16.2 million, such as the details of monthly rent payment as indicated in attached Table 2 as of April 27, 2017.

C. On April 26, 2017, the Plaintiff expressed his/her intention of termination of the lease on the ground of the delinquency in rent for at least two years, and the said declaration of intention reached the Defendant on April 27, 2017.

2. According to the allegations by the parties and the facts of the above recognition by this court, since the lease between the Plaintiff and the Defendant terminates upon the termination of the lease by the Plaintiff on April 27, 2017, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the Plaintiff the amount equivalent to the rent of KRW 1,350,000 each month from April 28, 2017 until the unpaid rent of KRW 1,62 million and the instant building is transferred.

3. The plaintiff's claim is justified.