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(영문) 수원지방법원안산지원 2015.04.24 2014가단25672
건물명도등
Text

1. From 13,50,000 won to 13,50,000 won, the Defendant shall draw up the attached Form among the first floor of the real estate listed in the attached list from May 25, 2014.

Reasons

1. Basic facts

A. On July 10, 2002, while the Defendant leased the instant store from C, the Plaintiff succeeded to the lessor’s status by purchasing the building indicated in the separate sheet from C on July 10, 2002.

Article 1 (Purpose) only for the lease of the above real estate, the lessor and the lessee will pay the lease deposit and the rent by agreement as follows:

Lease Deposit: 15,00,000 won (payment on December 26, 2013): Article 2 (Duration) of the Act (payment on December 30, 200) shall be delivered to the lessee by December 26, 2013, in a condition that the lessor may benefit from the use of the said real estate for the purpose of the lease, and the term of lease shall be until December 25, 2015, which is 24 months from the delivery date.

Article 4 (Termination of Contract) If the lessee has failed to pay the rent more than twice consecutively or has violated Article 3, the lessor may terminate the contract without delay.

[Matters] The above contract is a re-contract with the monthly wage of April 2009, February 2010, February 2011, July 2012, July 2012, August 2013, August 2013, and 17,250,000 won based on a basic deposit of 30,000 won. By December 30, 2013, the monthly wage was settled.

On December 26, 2013, the Plaintiff entered into a lease agreement with the Defendant on the instant store (hereinafter “instant lease agreement”).

C. Thereafter, the Defendant paid KRW 2,700,000 to the Plaintiff on February 25, 2014 (the Plaintiff was paid the said money for three months from January to March 3, 2014), KRW 950,000 on April 15, 2014, and KRW 950,000 on May 12, 2014, respectively.

As the Defendant did not pay rent from June 2014, the Plaintiff verbally notified the Defendant that the instant lease contract was terminated on or around August 5, 2014, but the Defendant uses and benefits from the instant store without paying rent to the Plaintiff up to now.

[Based on recognition] Gap evidence Nos. 1 through 3, 8, 13, and Eul evidence No. 1.

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