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(영문) 수원지방법원 2020.08.14 2019나83632
건물명도(인도)
Text

The judgment of the first instance court, including the claims extended and exchanged in the trial, shall be modified as follows.

Reasons

1. Basic facts

A. The Plaintiff entered into a lease agreement with the Defendant on the instant 1 and 2 stores, and the Defendant, at the first shop and the second shop, has been implicitly renewed the lease agreement while operating the four-day shop.

Point 1: 20,000,000 won on November 1, 2005 (the 19th day of each month) No. 20,000 on November 1, 2005 (the 19th day of each month), store 1, 200,000 won (the 24th day of each month) of monthly rent for lease deposit (the 24th day of the 20th day of the 20th day of the 19th day of each month);

B. Meanwhile, the Defendant paid the Plaintiff the rent for the first shop up to July 2017, and the rent for the second shop up to February 2016. Even after the suspension of the business of the first and second stores, the Defendant left the Plaintiff as it remains without carrying out the interior facilities, etc. of each of the said stores.

(hereinafter referred to as “each of the instant stores” in total, and the lease contract for each of the instant stores is deemed to be “each of the instant stores.” [Grounds for recognition] The fact that no dispute exists, Gap’s entries or videos (including serial numbers; hereinafter the same shall apply) in the evidence Nos. 1 through 6, Eul’s entries or videos (including serial numbers; hereinafter the same shall apply) in the evidence Nos. 5, and the result of the court’s entrustment of cadastral surveying by the Korea Land Information Corporation in the first instance

2. Determination on the overdue rent and demand for delivery

A. As seen earlier, the Defendant’s obligation to pay the rent in arrears and the Defendant’s obligation to deliver the rent in arrears regarding the cause of the claim did not pay three or more times the Plaintiff the rent under each of the instant lease agreements, and the Plaintiff may terminate each of the instant lease agreements on the grounds of the Defendant’s delinquency in rent. As such, the Plaintiff’s termination of each of the instant lease agreements on July 10, 2018 shall be deemed to have immediately terminated upon arrival to the Defendant on July 10, 2018.

In addition, according to the overall purport of Gap evidence 10, the internal facilities and arguments in each of the stores of this case.

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