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Reasons
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(영문) 의정부지방법원 2015.09.22 2014가단34645
건물명도 등
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1. The Defendant (Counterclaim Plaintiff) is simultaneously paid KRW 10 million from the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On February 10, 2013, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant under which the part on the ship stated in the Disposition No. 1 (hereinafter referred to as “instant real property”) KRW 10 million is attached to the lease deposit, KRW 650,000 (payment on the 10th of February, 201), and the period from February 10, 2013 to February 10, 2014; however, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) stating that the rent in arrears may be terminated when the rent in arrears reaches two terms, and thereafter the instant real property was handed over at that time.

B. The Plaintiff urged the Defendant to pay the unpaid rent with each content certification as of August 30, 2013 and October 14, 2013, and again urged the payment of the unpaid rent with the content certification as of January 6, 2014, and notified a third party of the fact that the instant lease contract will be terminated by leasing the instant real estate to a third party at maturity ( February 10, 2014).

C. Meanwhile, the Defendant on March 12, 2013 and the same year to the Plaintiff.

4. 11.1 and the same year.

5.15. Each 650,000 won, July 15, 2013, 500,000 won on April 12, 2014, and the same year;

8.2. 30,00 won, including KRW 50,00 and KRW 500,000,000,000,000. The amount was appropriated for KRW 3,90,000 for six months from February 10, 2013 to August 9, 2013 (=650,000 won x six months), and for nine months from August 10, 2013 to September 9, 2013.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, 3, and Gap evidence 3, the purport of the whole pleadings]

2. Determination

A. According to the above facts, the instant lease agreement was terminated upon the expiration of the period of February 10, 2014, and accordingly, the Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement on the grounds that the Defendant’s overdue overdue interest reaches the second period, based on the content certification as of August 30, 2013 and October 14, 2013, and thus, the instant lease agreement is concluded.

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