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(영문) 전주지방법원군산지원 2020.01.14 2019가단53394
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

B. 6,400,000 won and the same shall be applicable thereto on November 2019.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”).

B. The Defendant: (a) filed a move-in report around June 22, 2018 on the instant building; and (b) occupied and used the instant building from around that time until that time.

C. On February 6, 2018, the Defendant leased the Plaintiff’s ground D and E, the Plaintiff’s ownership located in the vicinity of the instant building, and runs the business of “F” in the name of “F” from around that time to June 18, 2018, following the completion of interior works.

(In specifying the above building, the “F store of this case”. (d)

On July 13, 2018 and July 19, 2018, the Plaintiff offered to the Defendant a claim for rent and a certificate of contents requesting the removal of the instant building on the following grounds: “Until the end of March 2018, during the period of interior construction to the instant F store, the Plaintiff leased the instant building free of charge, and the Plaintiff requested to pay a normal monthly rent from April 1, 2018, which was completed the construction, but did not pay it.”

[Reasons for Recognition] Unsatisfy, each entry or video of Gap evidence 1 to 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant requested the Plaintiff to allow the Plaintiff to use the instant building as a lodging place during the period of the Plaintiff’s interior construction of the instant F store. The Plaintiff concluded a lease agreement with the Defendant to set the rent of KRW 700,000 per month from April 2018, which is the end date of the interior construction of the instant building, to lease the instant building as a monthly rent of KRW 700,000 (excluding value-added tax). The Plaintiff provided the instant building delivery to the Defendant.

However, the Defendant used the instant building, but did not pay rent until now, and the said lease contract was terminated on the ground that the Plaintiff had failed to pay rent for more than two years.

Therefore, the defendant.

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