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(영문) 대구지방법원서부지원 2017.06.21 2016가단6310
건물명도등
Text

1. The defendant, among the two floors of multi-family houses listed in the separate sheet No. 1, 2, 3, 4 and 1, respectively, shall be the plaintiff.

Reasons

1. Facts of recognition;

가. 별지 기재 다가구주택의 소유자인 C은 2013. 10. 14. 피고와 사이에 위 다가구주택 건물 2층 중 별지 도면 표시 ㄱ,ㄴ,ㄷ,ㄹ,ㄱ의 각 점을 차례로 연결한 선내 ㈎부분 29㎡(101호, 이하 ‘이 사건 임차주택’이라 한다)에 관하여 임대차보증금 200만 원, 차임 월 30만 원, 임대차기간 2013. 11. 20.부터 2014. 9. 20.까지로 정하여 임대차계약(이하 ‘이 사건 임대차계약’이라 한다)을 체결하였다.

B. On March 22, 2014, the Plaintiff purchased the above multi-family house including the instant leased house from C, and completed the registration of ownership transfer on April 2, 2014 by the Plaintiff.

C. The Defendant did not pay the remainder of the rent to the Plaintiff, in addition to the payment that the Plaintiff was the rent of KRW 300,000 in September, October, 2014, and September through December, 2015.

On March 24, 2016, the Plaintiff sent to the Defendant a written peremptory notice to the effect that the instant lease contract is terminated on the grounds of the delinquency in rent and that the repayment of unpaid rent would be urged.

[Ground of recognition] The fact that there has been no dispute, each entry or video of Gap's 1 through 5 (including each number in case of additional number), and the purport of whole pleading

2. According to the above facts of recognition, the Plaintiff acquired a multi-family house including the instant leased house from C on April 2, 2014, and succeeded to the lessor’s status under the instant lease agreement.

Then, the instant lease agreement was implicitly renewed on September 21, 2014 on the same terms and conditions as the previous one due to the Plaintiff’s rejection of renewal or change of the terms and conditions of the contract, and the contract term is deemed two years (Article 6(1) and (2) of the Housing Lease Protection Act). However, the Defendant did not pay the rent for the renewed lease term and did not pay the rent properly during the renewed lease term, and the overdue amount exceeds the rent for two years. Accordingly, the Plaintiff and the Defendant’s lease agreement for the leased

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