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(영문) 수원지방법원안산지원 2020.01.08 2018가단17679
건물명도 등
Text

1. The defendant shall be the plaintiff.

가. 별지 목록 기재 부동산 1층 171.07㎡ 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣,...

Reasons

1. Basic facts

A. On June 8, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant as to the real estate stated in the order (hereinafter “the instant object”) with the lease deposit amounting to KRW 30 million, KRW 2200,000 per month, and KRW 2.2 million per month, and the lease term from June 20, 2016 to June 20, 2018 (hereinafter “instant lease agreement”). However, the rent from October 10, 2016 to KRW 1650,00 per month was agreed separately.

The Defendant paid to the Plaintiff KRW 30 million by June 20, 2016 as the lease deposit under the instant lease agreement, and received the instant object from the Plaintiff around that time.

B. On January 24, 2017, the Plaintiff and the Defendant agreed to change the rent into KRW 2 million per month without value added tax from January 2017, 201.

C. On March 2018, the Plaintiff and the Defendant agreed to reduce the lease deposit from KRW 30 million to KRW 20 million under the instant lease agreement, as above, to cover the reduced amount of KRW 10 million from January 2018 to May 201, and to change the rent to KRW 2.1 million from June 2018.

The instant lease agreement was implicitly renewed even after the expiration of the lease term on June 20, 2018, and on the other hand, the fact that the lease agreement was fully paid by December 2016 does not conflict between the parties.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, 8, Eul's 1 through 4, the purport of the whole pleadings

2. On the basis of the instant lease agreement, the following facts are: (a) KRW 2 million per month during the 17th month from January 2017 to May 2018; and (b) KRW 2.1 million per month after June 2018; (c) as seen earlier, the total amount of rent after January 2017 as of October 20, 2019 is KRW 69.7 million [=34 million (=2 million won x the above 17th month)] (i.e., KRW 2.1 million x 6.7 million from June 2018 to October 2019).

On the other hand, however,

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