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(영문) 수원지방법원 여주지원 2018.05.03 2017가단53021
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Attached 2 drawings indication1, (2), (3), (4) and (1) of the first floor of the building listed in the annexed 1 list;

Reasons

1. Facts of recognition;

A. On May 30, 2015, the Defendant entered into a contract with the Plaintiff on the following terms: (a) the indication of drawings in the attached Table 2 among the first floor of the building listed in the attached Table 1 list owned by the Plaintiff; (b), (3), (4), and (1) the part (10,000 won for the first floor of the building; hereinafter referred to as “instant leased building”); (c) the lease deposit amount of KRW 10,000,000 for rent; (d) the monthly rent of KRW 550,000 for rent (excluding value-added tax and management expenses); and (e) the term of lease from June 6, 2015 to June 6, 2017 (24 months) under which the Defendant wishes to lease (hereinafter referred to as “instant lease agreement”).

B. The Defendant received delivery of the instant leased building and operated clothes, and paid KRW 3,900,000 out of KRW 15,600,000, which is the sum of monthly rent (600,000 won per month, including value-added tax) incurred from June 6, 2015 to June 5, 2017, plus KRW 14,520,000, which is the sum of monthly rent (65,000,000, which is 1,080,000, and did not pay the remainder of KRW 11,70,000.

C. On June 9, 2017, the Plaintiff sent to the Defendant a content certification that contains the content that the instant lease agreement will be terminated on the grounds of the rent for at least three years (hereinafter “instant content certification”). At that time, the content certification was served on the Defendant.

On January 24, 2016, the Plaintiff requested repair from the Plaintiff on the ceiling of the instant leased building. On January 25, 2016, the Plaintiff performed the repair work for water leakage around January 25, 2016.

[Evidence Evidence: Descriptions of Evidence Nos. 1 through 5 and the purport of the whole pleadings]

2. Judgment on the parties' arguments

A. As the Plaintiff’s assertion 1 Plaintiff terminated the instant lease agreement due to the Defendant’s delinquency in rent, the Defendant delivers the instant leased building to the Plaintiff, and pays the Plaintiff the amount of 11,700,000 won in arrears until June 5, 2017 and 6,50,000 won in the aggregate of monthly rent and management expenses from June 6, 2017 to June 6, 2017.

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