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(영문) 전주지방법원 2017.06.21 2016가단16810
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the separate sheet, each point in the separate sheet No. 1, 2, 3, 4, and 1;

Reasons

1. Facts of recognition;

A. On September 2, 2008, the Plaintiff and the Defendant concluded a lease agreement with regard to the portion (A) part (A) of 95.7 square meters connected in order to each point of the attached Form No. 1, 2, 3, 4, and 1 (hereinafter “instant store”) among the buildings listed in the attached Form No. 1, 2, 2, 3, 4, and 1,000 won, monthly rent of KRW 15,00,000, and the period of two years.

B. At the time of the above contract, the lessee entered into a lease agreement with the Defendant’s mother as C for convenience, and KRW 5,000,000 among the above deposit was not paid by the Defendant, and entered to the effect that it will be treated as a loan loan on the back of the above contract.

C. After that, the above lease contract was renewed several times, and in this process, the Defendant did not pay monthly taxes of 24,540,000 won exceeding ten times from April 201 to April 2016.

Accordingly, the plaintiff notified the defendant of the termination of the above lease contract with the service of the complaint of this case on the grounds of the above monthly arrears.

E. Meanwhile, the Defendant paid a total of KRW 9,800,000 to the Defendant from May 31, 2016 to March 31, 2017.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1-4, 6, and 8, and the purport of the whole pleadings

2. According to the facts found in the judgment as to the cause of the claim, since the above lease contract was lawfully terminated due to the Defendant’s delinquency in the monthly rent, the Defendant is obligated to deliver the instant store to the Plaintiff, and pay the Plaintiff the amount of money calculated by the ratio of KRW 4,740,00 (the total monthly rent of KRW 24,540,000 from April 201 to April 2016) and KRW 10,000,000 (the total monthly rent of KRW 24,540,000,000 from April 2011 to April 2016) and the monthly rent of KRW 1,00,000 from May 31, 2016 to the completion of the above delivery.

The Defendant asserted that the monthly rent was reduced to KRW 700,000 on April 31, 201, by citing the leakage defects in the instant store, but it is recognized only by the descriptions or images of the evidence Nos. 2 and 4.

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