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(영문) 수원지방법원평택지원 2019.07.04 2018가단64762
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From December 13, 2018, the above-mentioned A

subsection (b).

Reasons

1. Basic facts

A. On April 20, 2014, the Defendant leased the instant building from the Plaintiff KRW 30,000,000, monthly payment of KRW 20,000 per month of rent, and the lease period of KRW 1,50,000 from April 20, 2014 to the Plaintiff on the same day (hereinafter “instant lease agreement”), and paid the said deposit to the Plaintiff on the same day.

B. The instant lease agreement has been still in existence as a lease without a fixed term, as it is implicitly renewed even after the original term of lease expires.

C. However, as the Defendant did not pay the rent from October 2016, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of not less than two years of arrears in the instant complaint, which was served on the Defendant on December 12, 2018.

The defendant occupies the building of this case until the date of closing the argument of this case.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 (including provisional number), records, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease contract was lawfully terminated by the delivery of a copy of the complaint of this case, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, and to pay the rent of KRW 36,00,000 for the rent from October 20 to October 19, 2018, and the rent of KRW 1,50,000 for the Plaintiff’s claim from October 21, 2018 to the completion date of delivery of the said building and the compensation for damages equivalent to the rent of KRW 1,50,000 for the rent from October 21, 2018 to the completion date of delivery.

3. Judgment on the defendant's assertion

A. The defendant defense that the plaintiff cannot respond to the plaintiff's claim before the deposit is returned from the plaintiff.

On the other hand, the Defendant paid KRW 30,000,000 to the Plaintiff according to the instant lease agreement, and the fact that the said lease agreement was lawfully terminated is as seen earlier, but the Defendant did not pay KRW 1,50,000 per month from October 20, 2016.

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