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(영문) 대구지방법원 2015.11.20 2015가단15891
건물인도등
Text

1. The defendant shall be the plaintiff.

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

B. 8,120,378 Won and 3,033.

Reasons

1. Claim concerning the lease agreement

A. Fact 1) The Plaintiff is deemed to be the instant apartment building on December 19, 2013 and real estate listed in the attached Table C representing the Defendant on December 19, 2013.

2) The lease agreement to lease is stipulated under the following terms (hereinafter “instant lease agreement”).

On November 27, 2013, before the conclusion of the contract, the apartment of this case was delivered to the Defendant on November 27, 2013. The term of lease of KRW 20,000,000: From November 27, 2013 to November 26, 2014: (12 months): the total amount of rent for 12 months: 9,100,000 won for the apartment of this case: the Plaintiff and the Defendant shall be the deposit amount equivalent to the said deposit for the apartment of this case on November 27, 2013; (2) the term of lease was concluded from November 27, 2013 to November 26, 2014; and (3) the establishment of chonsegwon was completed on December 20, 2013.

3) On November 27, 2014, the Defendant did not pay the Plaintiff rent. 4) On August 5, 2015, a preparatory document dated August 2015, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the delinquency in rent for at least two years, was served on the Defendant on August 10, 2015.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1-1 and 2-2, substantial facts in this court, the purport of the whole pleadings

B. Determination 1) Although the term of lease under the instant lease agreement was set as one year under the instant lease agreement, the term of lease under the main sentence of Article 4(1) of the Housing Lease Protection Act is two years, namely, up to November 26, 2015; 9,100,000 won, which is the same as the first agreement, during the said period, for 12 months. However, the Defendant did not pay at all after November 27, 2014; however, in full view of the purport of the statement and arguments stated in subparagraph 1-1, Article 1 of the said lease agreement is a monthly rent.

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