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(영문) 창원지방법원 2015.05.26 2014가단29073
건물명도
Text

1. The defendant shall be the plaintiff.

A. Orderly, each point of the building indicated in the separate sheet is indicated in the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On April 20, 2013, the Plaintiff: (a) attached Table 1, 2, 3, 4, and 1 among the seven floors of the building indicated in the attached list, the leased real estate portion (Ga) (Ga) (Ga), 2,00,000 won, monthly rent of KRW 1,40,000,000,000 for lease; and (b) the period from April 21, 2013 to April 20, 2015, the leased real estate (hereinafter “instant leased real estate”) was determined and leased to the Defendant by setting the lease deposit amount of KRW 2,00,000,000,000 for rent of KRW 1,40,000,000 for rent of

(hereinafter “instant lease agreement”). B.

From October 2013, the Defendant delayed the payment of rent for October 2013, and as of December 20, 2014, the rent for October was delayed, and since December 21, 2014, the Defendant did not pay the rent until now.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, purport of whole pleadings]

2. Determination as to the claim

A. According to the facts of determination as to the cause of the claim, the instant lease agreement was terminated due to the Defendant’s nonperformance of obligation, barring any special circumstance, since the Defendant delayed two or more rental fees, barring any special circumstance, the Defendant is obligated to deliver the leased real estate to the Plaintiff, and pay the Plaintiff the amount calculated by applying the rate of KRW 14 million in total and the monthly rental fees not paid until December 20, 2014 to the date of delivery of the leased object from December 21, 2014 to December 21, 2014 to the date of delivery of the leased object.

(B) The Plaintiff calculated the rent that is not paid as KRW 1.5 million per month to the effect that it agreed to pay the management fee of KRW 100,000 per month, and sought to pay the monthly rent of KRW 1.5 million, but the monthly rent of KRW 1.4 million is set at KRW 1.4 million as above, and there is no evidence suggesting to pay KRW 100,000 as the management fee.

The defendant's assertion 1 is alleged to the effect that the defendant can deduct the unpaid rent from the lease deposit, and thus cannot comply with the request for extradition. However, the lease deposit is delivered to secure the lease fee and other lessee's obligations.

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