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(영문) 울산지방법원 2017.02.08 2016가단13481
건물명도 등
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

1. Basic facts

A. On January 18, 2014, the Plaintiff leased (hereinafter “instant lease agreement”) a deposit deposit of KRW 20,000,000, monthly rent of KRW 950,000 (payment on January 1, 200), the lease period from January 30, 2014 to January 30, 2016, to the Defendant, in sequence of the items indicated in the separate sheet Nos. 1, 2, 3, 4, and 1 (hereinafter “instant lease agreement”).

B. By November 2015, the Defendant delayed payment of the monthly rent for at least three months. On December 8, 2015, the Plaintiff notified the Defendant that the instant lease contract will be terminated on the ground that the monthly rent was overdue.

[Reasons for Recognition] Evidence No. 1, Evidence No. 2-1 to 8, Evidence No. 3-1, 2, 3

2. Determination

A. According to the facts of the judgment on the grounds of the claim, since the lease contract of this case was terminated by the plaintiff's lawful termination notification, the defendant is obligated to deliver the leased part of this case to the plaintiff.

Meanwhile, the Defendant delayed the monthly rent from August 2015 to November 2015, and paid KRW 4,500,000 to the Plaintiff on December 8, 2015, which was after the notification of the termination of the instant lease; the Defendant paid KRW 2,50,000 to the Plaintiff on February 25, 2016; KRW 1,000,000 on May 21, 2016; and the Defendant paid KRW 1,000,000 on May 12, 2016 to the Plaintiff on December 16, 2015; and the monthly rent paid on December 8, 2015 to the Plaintiff on December 26, 2015 and half of the rent paid until December 16, 2015, respectively.

Meanwhile, according to Gap evidence Nos. 2-1 through 6, the defendant paid 1,000,000 won per month to the plaintiff. It is not clear that the above amount is the sum of monthly rent, monthly rent and management expenses, etc. However, the defendant also paid the above rent of the plaintiff.

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