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Reasons
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(영문) 수원지방법원 2017.03.16 2016가단532545
건물명도
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1. From 170,00,000 to 6,000 won, the Defendant shall deliver the real estate listed in the separate sheet from September 6, 2016 to the completion date of delivery of the real estate.

Reasons

1. Facts of recognition;

A. On September 12, 2012, the Plaintiff entered into a lease agreement with the Defendant, setting the deposit amount of KRW 170 million, and the term of lease from October 5, 2012 to October 5, 2014.

B. The Defendant paid KRW 170 million to the Plaintiff, and possessed the instant real estate upon delivery.

C. The Plaintiff and the Defendant agreed to extend the term of the lease agreement as of September 15, 2014, by October 5, 2016, the deposit is as it is, and the rent is paid additionally at KRW 150,000 per month.

(hereinafter referred to as the “instant lease agreement”) D.

On July 13, 2016, the Plaintiff sent a text message to the Defendant that he/she would not renew the instant lease agreement. On August 11, 2016, the Plaintiff sent the same content-certified mail to the Defendant. On August 30, 2016, the Plaintiff sent the same content-certified mail to the Defendant. On August 30, 2016, the Plaintiff sent the same content-certified mail to the Defendant, and sent the content-certified mail in a photograph.

E. From September 6, 2016, the Defendant did not pay the tea regarding the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 1 and 4, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease contract was terminated on October 5, 2016. Thus, the Defendant, a lessee, is obligated to deliver the said real estate to the Plaintiff at the same time, upon receiving the remainder of the amount calculated by deducting the Defendant’s difference from September 6, 2016 to September 6, 2016, the day after the date when the delivery of the instant real estate was completed, from the Plaintiff, the lessor, at KRW 170 million, the deposit amount of the instant lease from the Plaintiff, which was the lessee.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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