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(영문) 의정부지방법원 2019.05.30 2018가단131353
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) pay the following amounts:

1...

Reasons

Basic Facts

A. On November 4, 2017, the Plaintiff entered into a lease agreement with the Defendant for a deposit of KRW 3 million, monthly rent of KRW 250,000,000, and from November 5, 2017 to November 5, 2019 (hereinafter “instant lease agreement”).

B. On August 27, 2018, the Plaintiff submitted to the court the instant complaint containing a declaration of intent to cancel the said lease agreement on the grounds that the Defendant had delayed payment of rent two times or more due to the failure to pay the rent, even once it was a tea under the instant lease agreement.

C. Meanwhile, the sum of gas charges (337,470 won) and management expenses (250,190 won) paid or to be paid by the Plaintiff on behalf of the Plaintiff due to the Defendant’s unpaid amount is 587,660 won.

[Grounds for recognition] The Plaintiff’s assertion as to the grounds for the claim as to the purport of the entire argument and the statement in Gap’s evidence Nos. 1, 2, and 3, the Plaintiff’s assertion on the grounds of delay in the payment of rent at least twice by the Defendant. The Plaintiff seeks to pay the amount calculated by deducting the Defendant’s unpaid rent (3 million won, which is the sum of the rent from November 6, 2017 to November 5, 2018) from the lease deposit (3,000 won) under the instant lease agreement that the Plaintiff shall return to the Defendant.

Judgment

According to the facts and evidence seen earlier, the Defendant is the remainder after deducting the Defendant’s unpaid rent (three million won) from the lease deposit (three million won) under the instant lease agreement, (1) delivery of the apartment of this case, (2) gas charges and management fees paid or to be paid by the Plaintiff on behalf of the Plaintiff, and (3) the lease deposit (three million won).

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