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(영문) 춘천지방법원강릉지원 2016.04.12 2015나1540
건물명도 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. In full view of Gap evidence Nos. 1, 2, and 3-1, 2, and 4-1, 4-2 of the evidence Nos. 1, 3-1, 2, and 4-2, and the overall purport of testimony and pleadings by witnesses of the party trial: (a) On September 5, 2012, D representing the plaintiff: (b) on the part of the building indicated in the attached Table No. 1 (hereinafter "the building in this case"), the second floor of 79.17 square meters among the building indicated in the attached Table No. 1 (hereinafter "the building in this case") was leased with a lease deposit of KRW 2,00,000,000,000,0000,000 won, monthly rent, and two years; (c) pursuant to the above lease contract, D who delivered the above 79.17 square meters to the defendant; and (d) on the other hand, the defendant concluded a lease contract of KRW 30,3800,000.

In addition, the fact that the duplicate of the complaint of this case was delivered to the defendant on April 9, 2015, stating that the contract No. 1 and No. 2 is terminated on the ground of two or more years of delinquency is evident.

According to the above facts of recognition, the first and second contracts were terminated on April 9, 2015.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff due to the termination of the lease contract.

In addition, the Defendant appropriated the lease deposit that the Defendant paid to the Plaintiff in total to KRW 1.3 million to the Plaintiff and the following day (the sum of the rent from September 5, 2012 to March 20, 2013) during which the Defendant’s obligation to rent was extinguished (i.e., KRW 200,000 per month x June 5).

The plaintiff is the rent until February 20, 2013.

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