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Reasons
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(영문) 수원지방법원 2017.05.26 2016가단42080
건물명도
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1. The defendant is paid KRW 10,000,000 from the plaintiff, and at the same time, the building listed in the attached list is added to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit of KRW 10,000,000, monthly rent of KRW 500,000, and one year for the lease term of KRW 500,000, and one year for the building listed in the separate sheet (hereinafter “instant store”).

B. The Defendant paid 10,000,000 won to the Plaintiff, and around February 1, 2016, operated a laundry after the delivery of the instant store.

C. From August 1, 2016, the Defendant delayed the payment of rent. On September 28, 2016, the Plaintiff notified the Defendant of the termination of the instant lease due to the delinquency in rent, and filed the instant lawsuit seeking the return of the deposit and the delivery of the instant store on September 29, 2016.

On December 15, 2016, the Plaintiff notified the Defendant that the term of the instant lease was January 31, 2017, and that the lease was terminated at the maturity. However, the Defendant did not demand the Plaintiff to renew the instant lease contract between six months and one month before the said term of lease expires.

E. Meanwhile, from September 30, 2016 to March 31, 2017, the Defendant paid to the Plaintiff the sum of KRW 3,500,000 from July 2016 to January 2017.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 6, 15, 20 evidence, Eul's 1 through 5, and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s instant lease agreement was terminated or terminated due to the Defendant’s delinquency in rent, the Defendant is obligated to deliver the instant store to the Plaintiff at the same time with the Plaintiff’s deposit received from the Plaintiff.

B. The termination of the Plaintiff’s lease contract is unfair, and the Plaintiff’s deposit amounting to KRW 10,000,000 and the cost of installation is 8,000.

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