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(영문) 수원지방법원 2019.05.31 2018가단554204
건물등철거
Text

1. The Defendant is from the Plaintiff’s KRW 30,00,000 to the real estate indicated in the list from November 23, 2017 (attached Form).

Reasons

1. Facts of recognition;

A. On January 29, 2016, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 750,000 (payment on February 23, 201), and the lease period from February 24, 2016 to February 23, 2018 (hereinafter “instant lease agreement”).

Meanwhile, the instant lease agreement provides that the Plaintiff may terminate the lease agreement immediately in the event that the Defendant fails to pay the rent for the period of two years.

(Article 3). (b)

On February 24, 2016, the Plaintiff received lease deposit from the Defendant and delivered the instant real estate to the Defendant.

Since then, the defendant occupied and used the real estate of this case until the date of closing argument of this case.

C. Meanwhile, the instant lease agreement was explicitly renewed even after the expiration of the lease term, but the Defendant did not pay the Plaintiff the rent from November 23, 2017, before the renewal of the instant lease term.

Accordingly, on November 1, 2018, the Plaintiff sent to the Defendant a content-certified mail stating the intent to terminate the instant lease agreement on the grounds of unpaid rent, and around that time, the said content-certified mail was served to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of claim, the instant lease agreement was terminated upon termination of the Plaintiff’s notice of termination on November 1, 2018, on the ground of the Defendant’s delinquency in paying two or more rents, barring any special circumstance. Meanwhile, the Defendant, after the termination of the instant lease agreement, occupies the instant real estate and uses it until the date of closing argument, thereby gaining a significant amount of rent, and thereby, causes damage to the Plaintiff equivalent to the same amount.

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