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Reasons
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(영문) 청주지방법원충주지원 2019.05.01 2018가단3864
건물명도(인도) 등
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1. The defendant shall be the plaintiff.

A. From 10,941,936 won to 10,936 won, the separate sheet Nos. 2 from October 20, 2018 to 2.

Reasons

1. Basic facts

A. On October 24, 2016, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with respect to the building listed in [Attachment 1] List 2 (hereinafter “instant building”) owned by the Plaintiff, with a period of six years from March 20, 2017 to March 19, 202, on deposit KRW 20,000, monthly rent of KRW 1,500,000 (payment on March 19, and from March 20, 2018 according to the following special agreement, KRW 1,80,000), and the term of lease from March 20, 2017 to March 19, 202. Such special agreement is as follows:

1. Monthly taxes shall be KRW 1,500,000 per month from March 20, 2017 to March 19, 2018, and shall be KRW 1,800,000 from March 20, 2018.

2. In the event of a breakdown or repair part of the leased part, the lessee shall be liable for all the responsibilities and the cost thereof shall also be borne by the lessee;

3. The lease section shall be leased at approximately 50 square meters in a cafeteria, approximately 30 square meters in a house of 2nd floor, and it shall be accompanied by an indication division in the cadastral map;

4. The lessor shall not recognize the premium to the lessee;

5. A lessee shall be obligated to restore to its original state after the contract expires.

6. Agricultural Cooperative (C) of the lessor's account number;

7. Monthly rent: Prepaid.

B. On October 24, 2016, the Defendant paid KRW 20,000,000 to the Plaintiff, including KRW 7,000,000 on February 16, 2017, and KRW 8,000,000 on March 20, 2017. On March 20, 2017, the Defendant was handed over the instant building from the Plaintiff and operated the restaurant on the first floor of the said building, and was living on the second floor of the said building.

C. On May 19, 2018, the Defendant paid a rent under the instant lease agreement, but did not pay a rent under the instant lease agreement from May 19, 2018. On September 13, 2018, the Plaintiff sent a content-certified mail stating that “the instant lease agreement is terminated on the ground that the agreed rent is in arrears over the three-year period,” and the Plaintiff again expresses his/her intent to terminate the instant lease by delivering a copy of the complaint on the ground that the said rent is in arrears over the three-year period.

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