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(영문) 춘천지방법원속초지원 2019.05.03 2019가단21
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. From January 16, 2018, the above-mentioned A

subsection (b).

Reasons

The following facts are acknowledged in light of the overall purport of the arguments in Gap evidence 1 and 2.

① On November 15, 2016, the Plaintiff entered into a lease agreement with the Defendant to lease a building listed in the separate sheet (hereinafter “instant building”) with a deposit of KRW 5 million, KRW 350,000 per month (payment on August 15, 2016), and the period from August 15, 2016 to August 14, 2018 (hereinafter “the instant lease”). The Plaintiff handed over the instant building to the Defendant.

② From January 16, 2018, the Defendant delayed the payment of rent.

③ On December 7, 2018, the Plaintiff sent to the Defendant a content-certified mail containing a declaration of intent to terminate the instant lease agreement on the grounds of delinquency in rent, and the said content-certified mail sent to the Defendant on December 13, 2018.

According to the above facts, since the lease contract of this case terminated on December 13, 2018 by the Plaintiff’s termination due to the Defendant’s delinquency in rent, the Defendant is obligated to deliver the building of this case to the Plaintiff, and to pay the Plaintiff the rent or rent equivalent to the rate of KRW 350,000 per month from January 16, 2018 to the completion date of delivery of the building of this case.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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