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(영문) 창원지방법원통영지원 2020.02.11 2019가단22912
건물명도 등
Text

1. The Defendant’s KRW 532,666 and its interest to the Plaintiff are 5% per annum from February 22, 2019 to February 11, 2020.

Reasons

1. Facts of recognition;

A. On June 3, 2017, the Plaintiff and the Defendant entered into a lease agreement with the Plaintiff, setting the lease deposit amount of KRW 1,000,000, monthly rent of KRW 500,000 (hereinafter “instant lease agreement”) from June 3, 2017 to June 2, 2018 with respect to the macro-si Apartment D (hereinafter “instant apartment”) owned by the Plaintiff, and around that time, the Defendant paid the Plaintiff KRW 1,00,000,000.

B. On May 28, 2018, the Defendant notified the Plaintiff that he/she would terminate the instant lease agreement, and requested the Plaintiff to refund the lease deposit, and did not pay the rent from June 3, 2018.

C. On July 31, 2018, the Plaintiff sent a content-certified mail stating that “The instant lease agreement was explicitly renewed and the contract period was extended by June 4, 2020, the Plaintiff would be in good faith to perform its obligations under the contract.”

On August 29, 2018, the Defendant sent to the Plaintiff a content-certified mail stating that “The instant lease agreement is terminated three months after renewal by the notice of termination on May 28, 2018.”

E. On October 31, 2018, the Defendant paid management expenses imposed on the instant apartment by September 15, 2018.

F. Meanwhile, the Defendant paid KRW 184,000 for the long-term repair appropriations imposed in relation to the instant apartment from June 2017 to September 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, 4, and 6, the witness E's testimony, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. Although the period of the instant lease agreement was determined to be two years pursuant to Article 4(1) of the Housing Lease Protection Act, the Defendant did not pay the rent from June 3, 2018, and delivered the instant apartment to the Plaintiff on August 28, 2019, and did not pay the management fee imposed on the instant apartment after September 16, 2019.

b) the Commission;

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