(영문) 의정부지방법원 2015.04.24 2014나12684

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(영문) 의정부지방법원 2015.04.24 2014나12684

건물명도 등

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1. Of the judgment of the court of first instance, KRW 240,00 against the Plaintiff and its related thereto from July 2, 2014 to April 24, 2015 against the Plaintiff.

Reasons

1. Basic facts

A. On April 26, 2010, the Plaintiff: (a) leased the entire building from April 26, 2010 to April 25, 2012; (b) the Plaintiff, separately from rent, leased KRW 10,000 per month, to the Defendant, with the water rate of KRW 10,000 per month, separately from rent.

(hereinafter referred to as “first lease”) b.

After that, on April 10, 2012, the Plaintiff re-leased the instant commercial building to the Defendant by setting the lease term from April 27, 2012 to April 26, 2014, but the rent was reduced to KRW 400,000 per month.

(hereinafter referred to as “second lease”) . (c) the above lease.

However, the Defendant paid only the rent and the water rate until June 26, 2013 and did not pay it later. Accordingly, the Plaintiff sent a notice of termination to the effect that the contract for the second lease is terminated on the grounds of the Defendant’s delinquency in rent. This, along with the copy of the instant complaint, reached the Defendant on June 2, 2014.

The Plaintiff initially sent the notice of termination (Evidence A No. 3) on April 11, 2014, and appears to have not reached the Defendant at the time, and later served the Defendant with the copy of the instant complaint as well as the copy thereof.

Then, the Defendant delivered the instant commercial building to the Plaintiff on July 1, 2014, where the instant lawsuit is pending.

[Ground of recognition] Facts without dispute, significant facts, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 8, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion did not pay a total of KRW 10,200,000 [=510,000 won (50,000 won for rent x 10,000 won) x 2 months] out of the period of the first lease, and the plaintiff's line linen (3-2) to the defendant and linen (3-2) is also stated.

Even during the period of two lease, it shall be from June 27, 2013 to July 1, 2014.

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