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(영문) 수원지방법원 2017.06.22 2016가단46051
건물명도등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 8, 2015, the Plaintiff leased the building listed in the attached list (hereinafter “instant building”) to the Defendant as KRW 30,000,000, monthly rent of KRW 1,100,000, and KRW 24 months for lease term. Around that time, the Plaintiff received KRW 10,000,000 out of the lease deposit from the Defendant and handed over the instant building to the Defendant.

However, the Plaintiff prepared a lease contract with the Defendant by setting the lease deposit amount of KRW 10,000,000 with respect to the instant building from November 8, 2015 to November 7, 2017, on the grounds that the Plaintiff was unable to receive the remaining lease deposit amount of KRW 20,000,000,000 from the Defendant, and the Defendant, as a special agreement, set the lease contract from November 4, 2015 to November 25, 2015, paid KRW 10,000 among the unpaid lease deposit amount of KRW 20,000,000,000 until December 25, 2015, and paid the unpaid KRW 20,000,000 each month as damages for delay, and the unpaid amount of KRW 20,000,000,000 should be paid within the first lease contract.

(hereinafter “instant lease agreement”). B.

After that, the Defendant did not pay the monthly rent more than twice, and the Plaintiff notified the Defendant of the termination of the instant lease agreement with the content certification as of October 20, 2016, and on October 21, 2016, the above content certification reached the Defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including branch numbers), and the purport of the whole pleadings

2. According to the facts of the judgment on the part of the claim for delivery of a building, the instant lease agreement was lawfully terminated on October 21, 2016, following the Plaintiff’s notice of termination of the contract based on the content certification issued on October 20, 2016, and barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, barring any special circumstance.

On February 2, 2015, the defendant defense that he delivered the building of this case to the plaintiff. Thus, the defendant's argument is made in the statement of evidence No. 13.

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