(영문) 의정부지방법원고양지원 2016.10.13 2016가단79331

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(영문) 의정부지방법원고양지원 2016.10.13 2016가단79331

건물명도

Text

1. The defendant

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

(b) 15,00,000 won and attached Forms from June 3, 2016.

Reasons

1. Facts of recognition;

A. On May 3, 2013, the Plaintiff entered into a contract with the Defendant on the lease deposit amounting to KRW 30,000,000, monthly rent of KRW 1,000,000 (prepaid payment on July 3, 201), and the lease period from July 3, 2013 to July 3, 2015.

B. The terms of the above lease agreement are as follows:

1. The present contract is the current state of the facility, and is the commercial lease contract after the on-site inspection. 2. Under the mutual agreement, the lessee shall be the lessee, and the lessee shall be the lessee, in repair and the interior.

3. Upon termination of the lease, the premium cannot be claimed and shall be delivered to the lessor without any condition.

4. The lessee shall cooperate when the lessor sells the building;

5. Other matters shall conform to the standards for real estate management.

C. The above lease agreement was explicitly renewed after July 3, 2015, and the Defendant did not pay to the Plaintiff the sum of KRW 15,000,000,000 for 15 months from March 3, 2015 to June 2, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the above lease agreement was lawfully terminated on June 16, 2016, stating the Defendant’s declaration of intent to notify the termination of the lease agreement on the grounds that the lease contract was not paid at least twice.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the unpaid rent of KRW 15,00,000 and the unpaid rent of KRW 15,000 from June 3, 2016 to the delivery date of the instant building at the rate of KRW 1,00,000 per month.

3. Judgment on the defendant's assertion

A. As to this, the Defendant could not pay the rent due to the progress of the auction procedure for the instant building, and the unpaid rent.

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