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(영문) 수원지방법원안산지원 2016.09.28 2016가단11110
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) Indication (1), (2), (3), (4), and (1) of the accompanying drawings among the real estate strata listed in the attached list;

Reasons

1. According to the evidence evidence Nos. 1 and 2, based on the following facts: (a) on December 8, 2015, the Plaintiff promised to terminate the lease agreement if the Defendant delays payment of two or more vehicles (hereinafter “instant lease agreement”) by setting the lease deposit to the Defendant as KRW 1,00,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000

A. On February 10, 2016, the Defendant did not pay for one-month rent to the Plaintiff. On February 10, 2016, the Defendant issued KRW 1420,000,000 to the Plaintiff, including the one-month rent, four-month rent, and electricity fee to be paid in the future.

Although the Plaintiff intended to enter the said money in the rent ledger, the Plaintiff denied the fact that the Plaintiff received a rent from the Defendant by drinking the said money for one hour after drinking, again asking the Defendant to find and find a tea.

Therefore, the defendant is unable to respond to the plaintiff's request because he did not violate the lease contract of this case due to the delay in payment of rent.

B. 1) Determination 1) If a lease agreement was concluded, the lessor had a claim for rent based on the lease agreement occurred, and the burden of proof that the lessor paid the rent is the lessee (see, e.g., Supreme Court Decision 2001Da28176, Aug. 24, 2001). 2) Since there is no evidence to prove that the Defendant, after entering into the instant lease agreement, ordered the Plaintiff to rent, the Defendant’s assertion cannot be accepted.

As the Plaintiff terminated the instant lease contract by serving the instant complaint on the grounds of the Defendant’s delinquency in rent, the instant lease contract was terminated.

C. In conclusion, the Defendant delivered the instant building to the Plaintiff following the termination of the instant lease agreement, and ② from December 2, 2015 to April 2016, KRW 1150,000 (230,000 x 5 months), and ③ from May 9, 2016.

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