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Reasons
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(영문) 대전지방법원천안지원 2015.04.14 2015가합185
상가건물명도
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1. The defendant shall be the plaintiff.

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

B. 25,000,000 won and January 16, 2015

Reasons

1. Basic facts

A. On September 16, 2014, the Plaintiff agreed to provide the Defendant with a lease deposit of KRW 30 million, KRW 5 million monthly rent, and KRW 12 months from August 16, 2014 to August 15, 2015 (hereinafter “the lease deposit”) and agreed to receive from the Defendant the lease deposit from the Defendant until December 31, 2014.

B. Although the Defendant was delivered the instant real estate by the Plaintiff, the Defendant did not pay the Plaintiff rent.

C. On January 2, 2015, the Plaintiff requested the Defendant to pay the sum of KRW 25 million from August 16, 2014 to January 9, 2015, and sent a written notice to the Defendant to the effect that the instant lease contract will be terminated upon nonperformance, by content-certified mail. On January 9, 2015, the Plaintiff terminated the instant lease contract and sent the written notice to the Defendant to deliver each of the instant real estate by content-certified mail.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 4, purport of whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion that the instant lease agreement was lawfully terminated, the Defendant is obligated to deliver each of the instant real estate to the Plaintiff, and pay to the Plaintiff the amount equivalent to KRW 25 million in arrears and KRW 5 million in the amount of monthly rent from January 17, 2015 to the completion date of delivery of the instant real estate.

B. The fact that the defendant's assertion is overdue, but the lease term of this case has not yet expired, and even if the lease deposit of this case deducts the overdue difference from the lease deposit of this case, the plaintiff's claim cannot be accepted.

3. Determination

A. According to the judgment of the first instance court as to the cause of the claim, the Defendant did not pay two or more rents, and the Plaintiff did not pay rent.

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