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(영문) 대전지방법원천안지원 2017.06.14 2017가단100686
건물명도(인도)
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 880,000 and for this, May 2017.

Reasons

1. Facts of recognition;

A. On July 27, 2015, the Plaintiff leased the pertinent real estate indicated in the separate sheet (hereinafter referred to as the “instant real estate”) by setting the deposit amount of KRW 30,000,000, monthly rent of KRW 2,420,000 (including value-added tax), monthly payment date of borrowing, and the lease period from August 30, 2015 to August 30, 2017, respectively.

(hereinafter “instant lease agreement”). B.

On October 1, 2015, the Defendant paid the Plaintiff KRW 11,220,00,000, the monthly rent of KRW 2,200,000 on November 9, 2015, KRW 2,200,00 on December 5, 2015, KRW 2,200,00 on January 6, 2016, and KRW 11,220,000 on March 9, 2016, and thereafter did not pay the Plaintiff any subsequent amount.

C. On September 20, 2016, the Plaintiff pointed out that the rent is in arrears for a period of four months, and notified the Defendant that the lease contract will be terminated if it is not paid by October 20, 2016.

Of the monthly rent of KRW 12,100,00 for five months from September 30, 2015 to February 27, 2016 (=2,420,000 x 5 months) the amount that the Defendant did not pay to the Plaintiff is an amount calculated by the ratio of KRW 11,220,000 to KRW 880,00, and ② the monthly rent of KRW 2,420,00 for one month from February 28, 2016 to March 29, 2016 and KRW 2,420,00 for three months from March 30, 2016 to the delivery of the real estate of this case.

(The Plaintiff appears to have exempted the rent for one month from August 30, 2015 to September 29, 2015, on the ground that the test and business preparation period, etc. of the Plaintiff is required. (The Plaintiff’s rent for the above period is deemed to have been exempted, and the rent for the above period in this case is not claimed) / [Grounds for recognition] The entries in Gap 1 through 4, and the purport of the entire pleadings.

2. According to the above facts finding as to the cause of the claim, since the instant lease agreement was lawfully terminated, the Defendant delivered the instant real estate to the Plaintiff, and ② the unpaid rent from September 30, 2015 to February 27, 2016, and the Plaintiff sought against the Plaintiff.

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