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(영문) 대구지방법원 2015.02.03 2014가단15467
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver all levels 1 and 2 of the real estate listed in the separate sheet;

(b) 805,100 Won.

Reasons

1. Basic facts

A. On August 201, the Defendant entered into a lease agreement with the Plaintiff, and with respect to all the first and second floors among the real estate listed in the separate sheet (hereinafter “instant real estate”), with a deposit of KRW 25 million, KRW 1.6 million per month, and the period from September 1, 201 to September 1, 2013. The Defendant paid the Plaintiff the said deposit of KRW 20 million and occupied the instant real estate by delivery from the Plaintiff.

B. On August 1, 2013, the Defendant: (a) renewed the instant lease agreement with the Plaintiff on the instant real estate (hereinafter “instant lease agreement”); (b) set the period from September 1, 2013 to August 31, 2015, at KRW 180,000 per month, that the renewed lease agreement is KRW 20,000 (prepaid payment); and (c) the period from September 1, 2013 to August 31, 2015.

C. On August 2013, the Defendant delayed 1,200,000 won out of the rent by August 2013. On September 2013, 2013, the Defendant delayed 1,744,000 won out of the rent by October 1, 2013, calculated within the increased limit recognized under the Commercial Building Lease Protection Act, and 74,000 won out of the rent by October 2013, and 1,24,000 out of the rent by December 2013.

On December 24, 2013, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the sum of the rent in arrears exceeds two months.

E. Around September 25, 2013, the Defendant borrowed KRW 4 million from the Plaintiff. From January 1, 2014 to January 2, 2014, the Plaintiff wired KRW 9,900,000 to the Plaintiff, including the repayment of KRW 4 million and the rent for January 2, 2015. On June 30, 2014, the Plaintiff paid KRW 752,400 by subrogation the road possession tax to be paid by the Defendant. On July 8, 2014, the Defendant paid KRW 92,700 on behalf of the Defendant for the disposal of sewage and waste to be paid by the Defendant.

F. From February 2014 to November 1, 2014, the Defendant delayed to pay KRW 1,774,000 per month of rent.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 10, the purport of the whole pleadings

2. According to the above-mentioned facts of determination as to the cause of the claim, not less than two months.

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