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(영문) 청주지방법원 2013.11.13 2013가단9819
건물명도 등
Text

1. The defendant shall receive 50,000,000 won from the plaintiff (appointed parties) and the appointed parties.

Reasons

1. Basic facts

A. On March 201, 201, C, on behalf of the Plaintiff, etc., leased the instant building to the Defendant by setting the lease term as KRW 24 months from March 2011, KRW 50 million, KRW 330,000 per month (including value-added tax, and KRW 1 in advance per month), and the Defendant received delivery of the instant building by paying the lease deposit amount of KRW 50,000 to the Plaintiff, etc. at the time of the said contract.

B. As of March 2013, when the Defendant delayed the payment of the rent, the Plaintiff et al. failed to receive the rent of KRW 13.2 million for four months as of March 2013. On March 25, 2013, the Plaintiff et al. notified the Defendant of the absence of intention to extend the contract, and notified the Defendant of the payment of the overdue charge by March 31, 2013, and to deliver the instant building.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap 1 and 3 evidence, the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the instant lease agreement was lawfully terminated at that time by the Plaintiff, etc.’s declaration of termination on the ground of the Defendant’s delinquency in payment of rent for more than two years.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff, etc. as a result of the termination of the lease contract and pay the overdue charge of KRW 13.2 million.

3. Judgment on the defendant's assertion

A. On May 201, 201, the main point of the claim for reimbursement 1) is as follows: (a) due to the problem of the gas station tank glass, C shall pay to C only the rent after deducting the repair cost from the Defendant’s repair cost, and (b) the remainder of KRW 2.7 million after deducting the repair cost from the repair cost, shall be deposited into C’s account on April 18, 201 and April 25, 201.

B) On October 201, 201: On October 1, 2012 and December 2012, 201, the Plaintiff (Appointed Party) demanded the Plaintiff, etc. to repair the defects of the gas station, and the Plaintiff (Appointed Party) would be deemed to have paid the rent if it pays the cost of repair of the defect to C: October 3, 201; October 23, 201; and KRW 3,300,000,000 to C’s account; c). The Defendant is the Defendant.

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