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(영문) 서울북부지방법원 2014.12.19 2014가단14242
건물명도 및 월세금
Text

1. The defendant

(a) deliver all the 81.98 square meters of the second floor among the buildings listed in the attached Form;

(b) 1,277,096 Won and its corresponding;

Reasons

1. Basic facts

A. On February 18, 2003, the Plaintiff acquired the ownership of the attached building, including the instant building. The Defendant, at the time, was the lessee of the instant building (three houses and the kitchen), with the deposit for lease of KRW 65,00,000.

On July 30, 2010, the above lease was explicitly renewed, and the contents of the lease contract were modified by July 30, 2012 (hereinafter “instant lease contract”) by July 30, 2012 at the Defendant’s request, and the Plaintiff returned KRW 60,000,000 to the Defendant.

B. The Plaintiff and the Defendant implicitly renewed the instant lease agreement and raised the rent in KRW 450,00 per month.

C. From July 30, 2010 to November 3, 2012, the Defendant remitted to the Plaintiff KRW 10,000,000 (=400,000 won25). From December 5, 2012 to February 25, 2014, the Defendant remitted to the Plaintiff KRW 6,750,000 (=450,000 won).

In the lower end of the instant lease agreement possessed by the Defendant, the lower part of the instant lease agreement states that “the deposit must be made on February 30, 2012,” and the Plaintiff’s signature is affixed next thereto, and the deposit is indicated as “deposit by no later than three months in full.”

E. On March 31, 2014, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the delinquency in rent for seven months, and the Defendant has occupied and used the instant building until now.

[Reasons for Recognition] Evidence Nos. 1 through 8, Evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff claimed that the rent was increased by KRW 50,00 as requested by the Defendant, taking into account the Defendant’s difficult circumstances after requesting the increase of the rent deposit at the time of the termination of the instant lease agreement, and that the period was renewed by July 30, 2014. The Defendant demanded the Plaintiff to raise the rent for the first time around December 5, 2012, and increased by KRW 450,000 from that time.

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