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(영문) 의정부지방법원 2018.09.04 2018가단4970
건물명도 및 연체차임
Text

1. The defendant shall be the plaintiff.

(a) order the first floor of 87.28 square meters out of the real estate listed in the attached list;

(b) 3.2 million won and this;

Reasons

1. Basic facts

A. On May 30, 2015, the Plaintiff leased the entire real estate of 87.28 square meters on the first floor among the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant store”) to the Defendant without setting the lease term on the terms and conditions of KRW 300,000,000 (the last day of each month) of the monthly rent of KRW 1 million.

B. After moving into the instant store on May 30, 2015, the Defendant did not pay the monthly rent for a total of 14 months from December 2016 to January 2018, and the Defendant did not pay the monthly rent for up to 14 months.

【Ground for recognition】An absence of dispute, and description of Gap’s 1 through 4

2. As the Defendant did not pay more than three rents as stated earlier even though the Defendant leased the instant store, the Plaintiff may terminate the lease contract for the instant store on this ground.

Since the duplicate of the complaint of this case, which contains the Plaintiff’s declaration of intent to terminate, reaches the Defendant on April 12, 2018, the lease contract of this case was lawfully terminated on the same day.

Therefore, the Defendant delivered the instant store to the Plaintiff, and ② as requested by the Plaintiff, 3.2 million won calculated by subtracting one million won of the lease deposit from the monthly rent of 4.2 million won unpaid at the rate of 14 months, as agreed by the Plaintiff, the Plaintiff reduced the amount of KRW 4.2 million out of the claim on the first date for pleading at the first time of pleading to KRW 3.2 million.

In addition, the interest rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings shall be paid from April 13, 2018 to the day of full payment, which is the day following the delivery date of the copy of the complaint in this case, and the interest shall be paid at the rate of 300,000 won per month, which is the amount equivalent to the monthly rent from February 28, 2018 to the day of the order of the store in this case.

3. The defendant's assertion that "the plaintiff has a right to claim reimbursement of 9,260,000 won against the plaintiff, and thus the plaintiff cannot comply with the plaintiff's claim." However, according to the evidence No. 2, the plaintiff and the defendant entered into the lease contract of this case, while entering into the lease contract of this case.

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