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(영문) 수원지방법원 안양지원 2018.09.20 2017가단126468
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) 1,100,000 won and from August 1, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), entered into a lease agreement with the Defendant on March 2014, under which the lease deposit amount of KRW 100 million, monthly rent of KRW 4,400,000, and the lease period of the instant real estate was fixed.

B. The Defendant did not pay rent after January 1, 2017. Of the lease agreements between the Plaintiff and the Defendant, the part on the second floor of the instant real estate and each of the rents, etc., in arrears, the Defendant, with respect to the instant real estate, are KRW 1,100,000 as of July 31, 2018, after deducting the rent, etc., which the Defendant had to return to the Defendant, from each of the lease deposits, etc., that the Defendant should return to the Plaintiff.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1 to 11, Eul evidence 1 to 5 (including each number), the purport of the whole pleadings

2. According to the above facts, the lease contract of this case was lawfully terminated by notifying the plaintiff of the termination of the lease contract of this case as the delivery of a copy of the complaint of this case. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff, and pay the amount calculated at the rate of KRW 4,400,000 per month from August 1, 2018 to the completion date of delivery of the real estate of this case, barring special circumstances.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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