(영문) 대구지방법원 2017.11.29 2017가단18382

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(영문) 대구지방법원 2017.11.29 2017가단18382

건물명도등

Text

1. The defendant shall be the plaintiff.

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

B. From December 1, 2016, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. On March 30, 2013, the Plaintiff entered into a lease agreement with the Defendant by setting the lease deposit amount of KRW 3 million, monthly rent of KRW 500,000 (excluding value-added tax), from March 30, 2013 to March 29, 2015 with respect to real estate listed in the attached list owned by the Plaintiff, and the said lease agreement was explicitly renewed after the expiration of the said lease term.

B. On February 15, 2017, the Defendant delayed the payment of the rent of KRW 7.5 million (15 months as of November 30, 2016), and on the other hand, the Plaintiff terminated the said lease on the ground of the rent delay, and issued a certificate of content demanding the Defendant to clarify the real estate stated in the attached list.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. According to the above findings of the determination, the above lease agreement was terminated upon the Plaintiff’s declaration of termination on the ground that at least two years of delinquency in rent were terminated.

Therefore, the defendant asserts that real estate stated in the attached list is the amount of KRW 7.5 million in arrears (the plaintiff is the amount of KRW 1.5 million in arrears as of November 30, 2016. However, according to the evidence mentioned above, the total amount of the rent accrued during 44 months from March 30, 2013 to November 30, 2016 is 22 million won, and the total amount of the rent paid by the defendant to the plaintiff is 14.5 million won in arrears as of November 30, 2016, and the amount of the rent paid by the defendant to the plaintiff as of November 30, 2016 is the amount of KRW 7.5 million in arrears) and the amount of delay is the amount of KRW 1.5 million in arrears from July 28, 2017 to the date following the date of delivery of a copy of the complaint of this case is the amount of KRW 1.5% in delay from the day following the date of delivery to November 29, 2015.

3. According to the conclusion, the plaintiff's claim of this case is above.

참조조문

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