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(영문) 대구지방법원 2015.09.04 2015가단13079
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From January 31, 2014, the above buildings are located.

Reasons

1. Facts of recognition;

A. On May 18, 2012, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 10,000,000 for an apartment as indicated in the separate sheet with the Defendant, KRW 1,050,00 for each month for rent, KRW 1,050,00 for each month for rent payment, and the last day of each month for rent payment (However, this is an advance payment for rent for the following month), and the term of the lease is from May 31, 2012 to November 30, 2013 for lease (hereinafter “instant lease agreement”), and thereafter, transferred the instant apartment to the Defendant.

B. Since the last payment to the Plaintiff on December 31, 2013, the Defendant did not pay the monthly rent to the Plaintiff until then.

C. On June 2, 2015, a copy of this complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of unpaid rent was served on the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap 1-3 evidence, significant facts in this court, the purport of the whole pleadings

2. According to the above facts finding, insofar as the Defendant did not pay two or more rents, the instant lease agreement was lawfully terminated on June 2, 2015 by the Plaintiff’s notice of termination.

Therefore, the Defendant is obligated to deliver the instant apartment to the Plaintiff, and pay the rent of KRW 1,050,000 per month from January 31, 2014 to the completion date of delivery of the instant apartment from January 31, 2014, which was not paid by the Defendant.

(A) As to the Plaintiff’s claim, the Plaintiff’s total amount of KRW 16,800,000 is included in the above cited scope, from January 31, 2014 to April 30, 2015). 3. In conclusion, the Plaintiff’s claim is accepted on the ground that it is reasonable, and is so decided as per Disposition.

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