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(영문) 수원지방법원 2017.05.16 2016가단554033
건물명도
Text

1. The defendant

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

(b)payment of KRW 1,300,000;

(c) on April 2016.

Reasons

1. Facts of recognition;

A. On March 15, 2016, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, setting the lease period from April 29, 2016 to April 28, 2018, on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant apartment”) as KRW 15,000,000, monthly rent 1,100,000 (after April 29, 201), and the lease period from April 29, 2016 to April 28, 2018.

B. Article 4 of the instant lease agreement provides that “In the event that a lessee fails to pay the rent for the second period, the lessor may immediately terminate the contract.”

C. As of November 29, 2016, the Defendant delayed to pay KRW 3,300,000, which reaches the portion of three months as of November 29, 2016.

On December 6, 2016, the Plaintiff urged the Defendant to pay the overdue rent up to December 14, 2016, but did not pay the overdue rent. On December 15, 2016, the Plaintiff notified the Defendant that the instant lease contract was terminated on the grounds of overdue rent, and this notification was served to the Defendant on the 19th day of the same month.

E. After the instant lawsuit was pending, the Defendant transferred to the Plaintiff the amount of KRW 2,000,000 on March 27, 2017 and March 28, 2017, which was KRW 2,000.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-5, Eul evidence No. 1-1-2, and the purport of the whole pleadings

2. According to the facts found above, the instant lease agreement was lawfully terminated upon the Plaintiff’s notice of termination due to the Defendant’s delinquency in rent.

I would like to say.

(3) The delivery of the instant apartment from November 29, 2016 to the Plaintiff is based on the overdue rent of KRW 1,300,000 until November 29, 2016 (=the overdue rent of KRW 3,300,000 as of November 29, 2016).

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