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(영문) 대전지방법원 2016.11.29 2016가단23660
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the third floor of 218.78 square meters among the real estate listed in the attached Form;

(b) KRW 15,400,000 and July 2016.

Reasons

1. Facts of recognition;

A. On January 15, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with respect to the entire third floor (hereinafter “instant real estate”) of the real estate indicated in the separate sheet as follows.

The rent of KRW 20,000 for monthly rent of KRW 800,000: the lease period of KRW 17,000 (excluding value-added tax, and remitting money to the Plaintiff’s agricultural cooperative account on February 17, 2014): Management expenses from February 17, 2014 to February 16, 2017: KRW 220,000 per month.

B. After the instant lease agreement, the Defendant used the instant real estate by taking over it from the Plaintiff, but paid only monthly rent and management expenses until May 16, 2015.

C. The Plaintiff demanded the Defendant to pay the unpaid rent and management expenses, and transfer the instant real estate.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. In light of the above facts, it is reasonable to deem that the Plaintiff notified the termination of the instant lease agreement by demanding the delivery of the instant real estate on the ground of the Defendant’s delinquency in rent.

Therefore, the instant lease contract was terminated. The Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff the amount of 12,320,000 won (880,000 won x 14 months) unpaid from May 17, 2015 to July 17, 2016 and the unpaid management expenses (220,000 won x 14 months) plus 15,40,000 won (220,000 won x 14 months) and the amount of 1,10,000 won per month from July 18, 2016 to the date of delivery of the instant real estate.

B. Although the Defendant alleged that he was paid the difference between January 2016 and March 2016, the Defendant did not have any evidence to acknowledge it, the Defendant’s above assertion is without merit.

C. The Plaintiff asserts that the Plaintiff should pay KRW 3,000,000 to the Plaintiff as the cost of removing the facilities in the instant real estate.

According to Gap evidence No. 1, the defendant shall make the plaintiff at the time of termination of the lease contract.

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