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(영문) 수원지방법원 2015.04.14 2014가단56382
건물명도 등
Text

1. The defendant is against the plaintiffs:

(a) deliver 138.68 square meters on one floor among the real estate listed in the attached list;

(b) KRW 35,50,000; and

Reasons

1. Basic facts

A. On December 14, 201, the Plaintiffs concluded a lease contract between the Defendant’s father D and the Defendant’s father D with respect to KRW 138.68 square meters on the first floor among the real estate listed in the attached Table, owned by the Plaintiffs (hereinafter “instant commercial building”), with respect to the lease deposit of KRW 30 million, monthly rent of KRW 2820,000 (in addition to value-added tax, monthly rent of KRW 14,000,000), and the lease period from March 31, 2012 to March 31, 2014 (hereinafter “instant lease contract”). At the time of the conclusion of the instant lease contract, the Defendant paid the monthly rent from February 14, 2012 as KRW 20,000 and electric safety management fees as KRW 30,000,000.

B. When the Defendant paid only KRW 20 million among the above lease deposit and could not pay the remainder of KRW 10 million, the Defendant additionally paid KRW 100,000 per month to the Plaintiffs until the payment of KRW 10,000 to the Plaintiffs.

C. From February 14, 2012 to July 31, 2014, the Defendant paid the Plaintiffs KRW 63,620,000 in total by monthly rent, etc.

D) On behalf of the Defendant, the Plaintiff prepared a letter of intent on October 31, 2013 and March 31, 2014 to pay the overdue rent, etc. on two occasions on behalf of the Defendant, but failed to implement it. The Plaintiffs terminated the instant lease agreement on the ground that the Defendant did not pay the overdue rent, etc.

[Reasons for Recognition: Facts without dispute, Gap 1, 4 through 8, 10, and the whole purport of pleadings]

2. Determination

A. According to the above facts, the instant lease agreement was terminated on October 24, 2014, which was served on the Defendant at the latest on the grounds of delinquency, such as the Defendant’s rent, etc.

I would like to say.

Therefore, the defendant is obligated to deliver the commercial building of this case to the plaintiffs, as the restoration following the termination of the lease contract of this case, and the defendant is not obligated to deliver the commercial building of this case. After the lease contract of this case is terminated, the defendant is without any title.

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