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Reasons
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(영문) 수원지방법원안산지원 2019.01.24 2018가단13998
부동산 명도
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1. The defendant shall be the plaintiff.

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

(b) from August 6, 2018, entry in the separate sheet is made.

Reasons

1. Basic facts

A. On June 11, 2014, the Plaintiff and the Defendant set a deposit of KRW 10,00,000 for the real estate listed in the separate sheet (hereinafter “instant real estate”), monthly rent of KRW 1,40,000, and the term of the lease from July 1, 2014 to June 30, 2016, with regard to the instant real estate (hereinafter “instant real estate”), as the lease agreement and the instant lease agreement (hereinafter “instant lease agreement”).

The plaintiff did not raise any special objection to the above lease even after the expiration of the above term.

B. On July 18, 2018, the Plaintiff requested the Defendant to terminate the contract and deliver real estate on the grounds of delinquency in rent after January 18, 2018 (hereinafter “instant termination notice”).

(C) The Defendant sent the instant real estate on July 19, 2018. The Defendant possessed the instant real estate up to now. [The purport of each entry of Nos. 1 and 2 as well as all pleadings, based on recognition, is as follows.]

2. Determination as to the cause of action

A. According to the above facts, the instant lease agreement was explicitly renewed pursuant to Article 638(1) of the Civil Act since June 30, 2016, which was the date of termination of the lease agreement, but the notice of termination of the instant lease agreement was served on the Defendant on July 19, 2018, on the grounds of two or more lease delays, and thus, the instant lease agreement was terminated.

B. Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay an amount equivalent to the rent calculated at the rate of KRW 1,400,000 per month from August 6, 2018 to the completion date of delivery of the instant real estate as sought by the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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