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(영문) 청주지방법원 2018.11.07 2018나8911
건물명도(인도)
Text

1. A defendant with a judgment of the court of first instance exceeding the following monetary payment orders:

Reasons

1. On October 1, 2015, the Plaintiff entered into a lease agreement between the Defendant, B (hereinafter collectively referred to as “the Defendant, etc.”) and the Defendant, etc. on the attached list owned by the Plaintiff (hereinafter referred to as “instant real estate”) with the lease deposit amount of KRW 25,00,000, monthly rent of KRW 2,400,00, and the lease term of KRW 2,40,000, and from October 20, 2015 to October 19, 2017 (hereinafter “the instant lease agreement”). At that time, the lease agreement was concluded between October 20, 2015 to the lessee of the instant lease agreement and then the Defendant, etc. was delivered the instant real estate to the lessee of the instant lease, and the Defendant, etc. was deducted from the lease deposit and was in arrears after August 20, 2017, taking full account of the following purport:

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the Defendant, etc. occupied, occupied, and used the instant real estate in accordance with the instant lease agreement, but did not pay any rent of KRW 10,560,000 from August 20, 207 to December 19, 2017, after deducting the amount of the said rent from the security deposit, from the delayed payment of at least one year.

Therefore, the Plaintiff sought to the Defendant for the delivery of the instant real estate on the ground of the expiration of the lease term, and sought damages at the rate of KRW 2,640,00 per month, which is an amount equivalent to the rent from December 20, 2017 to December 20, 2017 (=2,400,000 x 1.1).

B. According to the above facts, the instant lease agreement was explicitly renewed after the expiration of the period on October 19, 2017. However, the fact that the copy of the instant complaint filed by the Plaintiff with the Defendant who claimed the unpaid rent of the Defendant, etc. was served on the Defendant on January 22, 2018 is apparent in the record. The Plaintiff’s assertion in the instant complaint is an expression of intent to terminate the instant lease agreement.

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