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(영문) 대전지방법원 2017.11.28 2017가단831
건물명도 등
Text

1. The defendant shall order each point of Attached Form 1, 2, 4, 3, and 1 among the 1st floor of the building listed in the annexed Table 1 list to the plaintiff.

Reasons

Basic Facts

A. On October 6, 2015, the Plaintiff: (a) set the period from October 6, 2015 to October 5, 2016, the portion inside the ship connecting each point of the attached Table 1, 2, 4, 3, and 1 among the 1st floor of the building listed in the attached Table 1, to the Defendant as KRW 37.6 square meters (hereinafter “instant store”); and (b) set the period from October 6, 2015 to October 5, 2016 as KRW 2,00,000, monthly rent, KRW 370,000, monthly rent, and KRW 8,00, monthly rent payment period; and (c) leased the management expenses to pay according to the internal regulations.

(hereinafter “instant lease agreement”). B.

The defendant paid KRW 370,00 for the first month of the lease, but did not later pay the rent only once.

In addition, the Defendant did not pay KRW 454,640 as electricity charges until August 31, 2016, KRW 85,540 as urban gas rates until September 30, 2016, and KRW 25,00 as water rates for October 2016.

C. On September 29, 2016, the Plaintiff sent to the Defendant a written notification stating the termination of the instant lease agreement by content-certified mail on the grounds of delinquency, such as rent, etc.

(A) whether the above-mentioned content-certified mail has arrived at the defendant is not known. (d)

On November 24, 2016, the Plaintiff made a telephone conversation with the Defendant, stating to the effect that “The Plaintiff would pay the close monthly rent after deducting the house at the office as soon as possible from the office.”

[Ground of recognition] In light of the facts without dispute, the statements in Gap evidence 1 through 6, and the facts of the above recognition as to the grounds for the claim of judgment as to the purport of the whole pleadings, the lease contract of this case was lawfully terminated by the plaintiff around November 24, 2016, at least three years due to delay in rent.

Therefore, the Defendant delivered the instant store to the Plaintiff, and ② from November 6, 2015 to October 5, 2017, the remainder of KRW 6,510,00,000, which remains after deducting KRW 2,000,000 from the overdue rent of KRW 8,510,00,000, and the unpaid electricity fee of KRW 454,640,540, urban gas fee of KRW 85,540,540, and the water rate of KRW 25,00,00 (= KRW 6,510,00, KRW 454,640,540, KRW 25,000), and this is accordingly.

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