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(영문) 광주지방법원 2015.05.19 2014가단52884
건물명도 등
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The Defendant’s KRW 300,000 and November 2, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 2, 2006, the Plaintiff: (a) on September 2, 2006, the building indicated in the attached list owned by the Defendant (hereinafter “instant building”) is KRW 300,000 as deposit money and KRW 2 million as annual rent.

9.2. Payment is determined and leased (hereinafter “instant lease agreement”).

B) The Defendant paid the Plaintiff rent of KRW 500,00 as the rent for the year 201 under the instant lease agreement, KRW 1 million as the rent for the year 2012, and KRW 500,000 as the rent for the year 2013, and did not pay the remainder of the rent. (C) On October 2, 2013, the Plaintiff expressed to the Defendant that the Defendant would terminate the instant lease agreement on the ground that the Defendant’s delayed rent for the year 201. D. The Defendant currently occupies and uses the instant building on the ground that the Defendant’s delayed rent for the year 20,000,000,000,000,000,000 as the rent for the year 20

2. According to the facts of the above recognition on the part of the claim for the delivery of a building, the instant lease agreement was lawfully terminated around October 2013.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

3. Part concerning the claim for money

A. According to the evidence No. 1 of the contract settlement claim No. 2, the defendant can be acknowledged that on May 9, 2014, the defendant agreed to pay the above amount by September 30, 2014, by setting the rent, etc. under the lease contract of this case between the plaintiff and the plaintiff on May 9, 2014. The plaintiff is a person who received 1.7 million won out of the above amount from the defendant on October 31, 2014. Thus, barring any special circumstance, the defendant is obligated to pay the above 3.3 million won (=5 million won - 1.7 million won) to the plaintiff, barring any special circumstance, the defendant is obligated to pay the above 3.3 million won to the plaintiff. 2) Thus, the defendant demanded the plaintiff to pay the rent close with the plaintiff as other persons, and the defendant prepared a statement of performance with the above contents, and thus, the above performance statement is invalid. However, the defendant's assertion is without merit.

(b)a fee;

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