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(영문) 청주지방법원충주지원 2016.11.17 2016가단4092
건물인도
Text

1. The Defendant shall deliver the real estate indicated in the attached list to the Plaintiff, and the said real estate from June 1, 2016.

Reasons

1. Basic facts

A. On April 9, 2015, the Plaintiff leased (hereinafter “instant lease agreement”) real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant with a deposit of KRW 8,000,000 per month, KRW 600,000 per month, and the period from May 1, 2015 to May 1, 2017 (hereinafter “instant lease agreement”).

B. The Defendant delayed to pay the Plaintiff the amount of KRW 2,400,000 on December 14, 2015, while paying the amount of KRW 1,00,000 on May 9, 2016, and KRW 2,000,000 on June 1, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2 (including each number, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant failed to pay the rent of KRW 2,400,000 after June 1, 2016 (the rent of KRW 2,40,000 paid on December 14, 2015) to the rent to be paid from September 1, 2015 to December 1, 2015, and the rent of KRW 3,00,000 paid on May 9, 2016 and June 1, 2016 is appropriated for the rent of KRW 3,00,000 from January 1, 2016 to May 1, 2016, and the Plaintiff is obligated to lawfully pay the instant rent of KRW 60,00 to the Plaintiff by declaring its intention of termination on the ground of the rent of this case, and thus, the Defendant is obligated to pay the instant rent of KRW 60,000 to the Plaintiff.

B. On August 24, 2016, the Defendant agreed to the Defendant that “the instant lease agreement will continue until the expiration date, and the unpaid rent will be settled in the deposit.” Thus, the Defendant asserted that the instant lease agreement was not terminated, but there is no evidence to support the existence of such agreement. Therefore, the Defendant’s assertion is without merit.

3. Conclusion.

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