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(영문) 의정부지방법원고양지원 2017.11.09 2017가단10704
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) From October 1, 2017, KRW 880,00 and KRW 880.

Reasons

1. On January 8, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the real estate listed in the separate sheet owned by himself/herself (hereinafter “instant building”), setting the lease deposit of KRW 40 million, KRW 2.6 million per month, and the lease term of KRW 2.6 million per month (including value-added tax), from February 9, 2015 to February 8, 2017, but changed the lease term from March 1, 2015 to 24 months.

From January 2016, the defendant did not meet the payment deadline, which led to 10,300,000 won of the unpaid vehicle in May 31, 2017.

On June 8, 2017, the Plaintiff urged the Defendant to pay the overdue rent, and sent a content-certified mail to the effect that the instant lease contract is terminated on the grounds of the Defendant’s delinquency in rent.

On June 16, 2017, when the Plaintiff and the Defendant fully satisfied that the Defendant was in arrears, the Plaintiff and the Defendant agreed to prevent the passage of entering the underground among the instant building from entering the underground, and to continuously operate the instant building by changing the structure of the first floor.

On June 17, 2017, the following day, the Plaintiff sent text messages to the Defendant to the effect that it would not change the structure of the instant building.

Defendant KRW 2860,000,000 for the Plaintiff on June 19, 2017:

6. 22. 7.440,000 won remitted total of KRW 10.3 million.

However, on June 22, 2017, the Plaintiff did not continuously consent to the change of use, the Defendant sent a written notification to the Plaintiff to the effect that the underground floor of the instant building conflicts with the relevant Acts and subordinate statutes, such as the Housing Act, and ordered the structural change work.

The Defendant paid all rents up to August 2017 during the instant lawsuit. However, on September 21, 2017, the Defendant remitted only KRW 1,980,000 out of KRW 2.860,000,000,000 from September 21, 2017.

[Ground of recognition] A without dispute, Gap 1-5 evidence, Gap 10 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s delayed payment to the Defendant as to whether the lease contract was terminated on the ground of the delinquency in rent.

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