(영문) 수원지방법원 2015.10.22 2015가단22096

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(영문) 수원지방법원 2015.10.22 2015가단22096

건물인도 등

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1. The defendant shall be the plaintiff.

(a)each transfer of buildings listed in the Schedule 1 and 2;

(b) KRW 11,00,000 and April 2015.

Reasons

1. Facts of recognition;

A. On September 18, 2014, the Plaintiff leased the building listed in the separate sheet No. 1 to the Defendant at KRW 20,000,000, and KRW 2,200,000 (including value-added tax) for the lease deposit on September 30, 2014 through September 29, 2015, and KRW 2,200,000 for the lease deposit and the lease period on September 30, 2014. The Plaintiff leased the building listed in the separate sheet No. 2 at KRW 5,00,00 for the lease deposit, and the lease period from September 18, 2014 to September 17, 2015, and KRW 550,000 for the lease (including value-added tax) on September 30, 200 for each month (hereinafter “instant lease”).

B. In the instant lease agreement, the lessor was able to terminate the contract if the lessee fails to pay the rent more than twice.

C. Since September 2014 to March 2015, the Defendant did not pay 5 percent of the rent from September 2015, and the Plaintiff sent to the Defendant a certificate of content stating that “if the Defendant is not paid by April 10, 2015, it would terminate the instant lease agreement.” The above content certification reached the Defendant around that time.

On April 13, 2015, the Plaintiff sent to the Defendant a certificate of content stating that “the termination of the instant lease agreement” was “a certificate to the Defendant,” and at that time, the said certificate reaches the Defendant, and the Defendant occupies each building listed in the attached Tables 1 and 2.

[Reasons for Recognition] The facts without dispute, entry of Gap 1 through 6 (including branch numbers in the case of additional number), the purport of the whole pleadings

2. According to the above facts finding, the instant lease agreement was lawfully terminated upon the arrival of the Plaintiff’s declaration of intention to terminate the contract on April 13, 2015 to the Defendant.

Therefore, the defendant delivers each of the buildings listed in the separate sheet No. 1, 200,000 to the plaintiff (i.e., monthly rent 2,200,000 for the buildings listed in the separate sheet No. 1 x 5 minutes until March 2015) and 2,20,000 won for the month from April 30, 2015 to the delivery date of the building listed in the separate sheet No. 1 . 1.

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