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(영문) 수원지방법원안산지원 2016.05.19 2016가단1328
건물명도
Text

1. The defendant shall be the plaintiff.

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

B. From January 5, 2016, the above buildings are located.

Reasons

1. Basic facts

A. On October 27, 2014, the Plaintiff leased the building indicated in the attached list owned by the Plaintiff (hereinafter “instant building”) to the Defendant under the following conditions:

(hereinafter referred to as “instant lease agreement”. Basic matters: KRW 15,00,000 for a lease deposit, KRW 1,050,00 for a monthly rent of KRW 1,050 for a monthly rent of KRW 4,050,00 for a period of four months, and KRW 1,000 for a special agreement from October 27, 2014 to October 27, 2015 for a period of lease: From November 5, 2015, the lease deposit shall be raised to KRW 20,00 for a period of twenty thousand for a lease deposit and KRW 1,10,000 for a monthly rent of KRW 1,00 for a period of one.

B. The Defendant did not pay the monthly rent (the first monthly rent agreement date: August 4, 2015) from July 5, 2015.

Accordingly, on October 2015, the Plaintiff requested the Defendant to pay the monthly rent in arrears and increase the lease deposit and monthly rent as stated in the special agreement stipulated in the above paragraph (a), but the Defendant rejected this request and notified the Defendant of the termination of the lease contract.

【Reasons for Recognition】 The descriptions of Evidence Nos. 1 and 2 and the purport of the whole pleadings

2. According to Gap evidence No. 1 of the judgment on the cause of the claim, it is recognized that the plaintiff, a lessor, agreed to terminate the lease contract of this case when the plaintiff and the defendant concluded the lease contract of this case amounting to the amount of the rent of the defendant, who is the lessee, at the time of the conclusion of the lease contract of this case.

Comprehensively taking account of the above facts and the basic facts, it is reasonable to view that the instant lease agreement was terminated by the notice of termination on October 4, 2015 of the Plaintiff on the ground of the Defendant’s delinquency in payment of rent for at least two months (the payment agreement date: August 4, 2015 and September 4, 2015). The fact that the Defendant paid the Plaintiff the monthly rent of six months including value-added tax during the instant lawsuit is the Plaintiff.

Therefore, the defendant delivers the building of this case to the plaintiff, and from January 5, 2016 to the completion date of delivery of the building of this case, the plaintiff is within the scope of the plaintiff's claim.

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