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(영문) 수원지방법원 2019.01.10 2018가단15570
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the separate sheet, each point in the separate sheet No. 1, 2, 3, 4, and 1;

Reasons

Facts of recognition

On February 13, 2006, the Plaintiff entered into a lease agreement with the Defendant on the terms of leasing lease deposit amounting to KRW 1,00,000,00 for lease deposit amounting to KRW 29,000,00 for rent of KRW 1,00,000 (payment after January 14, 200), and KRW 10,000 for water supply fee (hereinafter “the instant lease agreement”). The Plaintiff agreed that the lease agreement may be terminated if the Defendant did not pay a rent not later than two months.

On September 14, 2015, the instant lease agreement was explicitly renewed, and the Plaintiff and the Defendant modified the terms and conditions of the said lease agreement at KRW 2,000,000,000 per month for lease deposit, KRW 220,000 per month for rent, and KRW 30,000 per month for management expenses.

After the lapse of several months, the defendant paid rent and management expenses to the plaintiff in a manner that pays them in a lump sum, and the plaintiff calculated the amount of rent and management expenses (1,000,000 won as of March 16, 2018) that the plaintiff received as the last payment from the defendant, as a result of the calculation of the amount of rent and management expenses (1,00,000 won as of March 16, 2018), the defendant was calculated as not paying rent and management expenses until September 2017.

As such, the Plaintiff filed the instant lawsuit with the purport of terminating the instant lease agreement on the grounds of the delinquency in rent by more than two Defendants, and the duplicate of the instant complaint was served on the Defendant.

[Ground of recognition] According to the above facts and the purport of the entire argument of Gap evidence Nos. 1, 6, and 8, the lease agreement of this case was lawfully terminated by the delivery of a copy of the complaint of this case containing the defendant's expression of termination on the ground of the second or more overdue delay.

Therefore, the Defendant delivers the instant building to the Plaintiff, and from October 2017 to May 2018, 2018, the rent of KRW 1,760,000 (=20,000 x 8 months) is from November 2017 to May 2018.

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