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(영문) 인천지방법원 2018.01.17 2017가단24075
건물명도
Text

1. The Defendant (Counterclaim Defendant) indicated the attached Form No. 1, 2, 3 among the real estate listed in the attached Table to the Plaintiff (Counterclaim Defendant).

Reasons

1. Determination on the main claim

A. Comprehensively taking account of the overall purport of arguments in Gap evidence 2, Eul evidence 9, and Eul evidence 11 (including provisional number), the plaintiff leased the entire amount of the real estate stated in Eul evidence 1-A (hereinafter referred to as "real estate of this case") to the defendant on October 2, 2014, with the deposit amount of KRW 60,000, monthly rent of KRW 3,300,000, monthly rent of KRW 20, monthly rent of November 20, 2014, and the lease period of November 20, 2014 to November 19, 2016. Accordingly, the plaintiff notified the defendant that the monthly rent was paid by 15th of the following month, and the defendant paid the whole amount of the monthly rent to the defendant on October 16, 2015, which was paid by 10th of October 2, 2016, and the whole amount of the rent on October 26, 2015.

B. The case where there is a fact of delinquency in paying the amount corresponding to the rent for the three consecutive periods under Article 10 (1) 1 of the Commercial Building Lease Protection Act includes not only the case of delinquency in paying the rent for three consecutive periods, but also the case where the total amount of the rent for arrears reaches three consecutive periods even if the rent for three consecutive months is not paid. Even if the amount of the rent for arrears is not paid in installments, it does not constitute a ground for renewal of this subparagraph if the total sum of the rent for arrears is not less than three minutes by paying part of the rent for three consecutive periods. The payment of part of the rent for arrears is calculated by deducting a part of the payment before the date of payment for the rent for three consecutive months, and the amount of the rent for arrears is calculated by deducting the amount of the rent for three consecutive months if the payment for the entire rent was made in arrears before the date of payment for the rent.

C. According to the above facts, the above lease contract expired, and the defendant continued to delay all of the monthly rent from December 2015.

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