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(영문) 춘천지방법원영월지원 2015.10.14 2015가단1180

건물명도등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From May 20, 2015, the above buildings.

Reasons

1. Facts of recognition;

A. On December 20, 2012, the Plaintiff, as the owner of the instant building, entered into a lease agreement with the Defendant and the deposit KRW 30 million for the instant building, KRW 2 million for the monthly rent, KRW 200,000 for the monthly rent payment, KRW 20,000 for the monthly rent payment (referred to as advance payment for the following month), and the lease period from December 30, 2012 to December 36, 2012 for the lease period (hereinafter “instant lease agreement”), and thereafter, delivered the instant building to the Defendant.

Since then, the defendant continued to operate the restaurant with the trade name "C" in the building of this case from the date of closing the argument.

B. The Defendant paid to the Plaintiff the monthly rent of November 2014, KRW 1500,000,000 on December 18, 2014, and KRW 300,000 on December 21, 201, and did not pay to the Plaintiff the monthly rent until the instant lawsuit is filed.

C. On April 14, 2015, a duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the monthly unpaid rent was served on the Defendant.

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

2. According to the above facts of determination as to the cause of the claim, insofar as the Defendant did not pay two or more vehicles, the instant lease agreement was lawfully terminated on April 14, 2015 by the Plaintiff’s notice of termination.

In addition, it is ratified that the rent is the same amount as the rent of the instant lease after the termination of the instant lease contract.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the unpaid rent of KRW 200,000,000 from November 2014 and the unpaid rent of KRW 2 million from December 20, 2014 to the completion date of delivery of the instant building.

3. Judgment on the defendant's assertion

A. The Defendant paid to the Plaintiff the full amount of the rent in November 2014 and KRW 1.8 million out of the rent in December 2014. The sum of the rent in June 2, 2015 and the rent in May 2015 is KRW 10,200,000.