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(영문) 인천지방법원 2016.07.05 2015가단55815
건물명도
Text

1. The defendant shall be the plaintiff.

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

(b) As from June 9, 2016, KRW 2,684,90 and the foregoing.

Reasons

1. Facts of recognition;

A. On July 8, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with the terms that the real estate listed in the separate sheet (hereinafter “instant real estate”) was leased KRW 20,00,000, monthly rent KRW 500,000, and the lease term from July 9, 2015 to July 8, 2016 (hereinafter “instant lease agreement”). Around that time, the Plaintiff handed over the instant real estate to the Defendant.

B. The Defendant did not pay KRW 20,000,000, which the Plaintiff promised to pay to the Plaintiff. From July 7, 2015 to October 8, 2015, the Defendant paid KRW 2,815,010 in total as the rent for the instant real estate, and did not pay the Plaintiff thereafter.

C. On September 15, 2015, the Plaintiff sent to the Defendant a certificate of the purport that the instant lease contract will be terminated on the grounds that the deposit would not be paid. On the 30th of the same month, the Plaintiff filed the instant lawsuit seeking delivery of the said real estate after cancelling the instant lease contract on the grounds that the Defendant would be unpaid. The duplicate of the instant complaint was served on the Defendant on October 16, 2015.

The Defendant occupied the instant real estate without paying deposit and rent to the Plaintiff even at the time of the closing of the argument in this case, and actually used the instant real estate.

E. Total rent of KRW 5,500,000 for the instant real estate until June 8, 2016 (=500,000 x 11 month (from July 9, 2015 to June 8, 2016) minus the above KRW 2,815,010 that the Defendant had already paid to the Plaintiff is the unpaid rent of KRW 2,684,990 (=5,500,000-2,815,010).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated upon the Plaintiff’s declaration of termination on the ground of the Defendant’s nonperformance of obligation to pay the deposit.

As such, the defendant delivers the real estate of this case to the plaintiff.

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