(영문) 수원지방법원성남지원 2016.06.10 2015가단33594

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(영문) 수원지방법원성남지원 2016.06.10 2015가단33594

건물인도 등

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1. The defendant shall be the plaintiff.

(a) Appendix 1, 2, 3, 4, 5, 6, 7, 8.

Reasons

1. Facts of recognition;

A. On April 16, 201, the Plaintiff, as the owner of the building listed in the attached list, leased out to the Defendant the area of 220 square meters in the table (hereinafter “instant building”) which is linked in sequence to each of the above items, among the following buildings: (a) the lease deposit was KRW 100,00,000; (b) the rent was KRW 3,850,000 (including value-added tax); and (c) the lease period was from April 29, 201 to April 28, 2013.

After that, on October 11, 2012, the above lease deposit was reduced to KRW 70,000,000 under the agreement of the original defendant.

B. The Defendant continued to use the instant building even after the said lease term expires, and the said lease deposit was reduced by 60,000,000 won under the agreement of the original Defendant on July 22, 2014.

C. On April 29, 2015, the Plaintiff and the Defendant concluded a lease agreement on the instant building again, and set the lease deposit amount of KRW 60,000,000, monthly rent of KRW 4,400,000 (including value-added tax), and the lease term of the instant building from April 29, 2015 to October 28, 2015.

(hereinafter “instant lease agreement”). D.

However, the Defendant did not pay the Plaintiff rent for five (5) months from June 2015 to October 2015, and the Plaintiff paid all the overdue rent to the Defendant by October 28, 2015, and if the payment is delayed, the Defendant sent the Defendant’s notice of October 19, 2015, stating that the instant lease contract will be terminated.

E. Nevertheless, the Defendant did not pay the Plaintiff the overdue charge, and the Plaintiff filed the instant lawsuit to the effect that the instant lease contract is terminated on the grounds of the overdue charge of at least three years, and the duplicate of the complaint was served on the Defendant on November 27, 2015.

F. Meanwhile, while the instant lawsuit is pending, the Defendant paid to the Plaintiff all the overdue charge during the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 3, and all pleadings.

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