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(영문) 청주지방법원충주지원 2016.11.17 2016가단4689
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Drawings among buildings entered in the attached list, (4), (5), (6), (7), (8), (9), (10), and (4);

Reasons

1. Basic facts

A. On July 21, 2013, the Plaintiff indicated the drawings among the buildings listed in the separate sheet to the Defendant (hereinafter “instant lease contract”) and leased (hereinafter “instant lease contract”) with a deposit of KRW 3,00,000,000, monthly rent of KRW 370,000, and period of KRW 370,000 from July 21, 2013 to July 20, 2014.

B. On June 2015, the Plaintiff requested the Defendant to deliver the instant house on July 20, 2015 (the expiration date of the period of one year extended by implied renewal), which is the expiration date of the instant lease agreement. On July 20, 2015, the Plaintiff paid KRW 4,140,000 among the rent that was not paid by the Defendant as of July 20, 2015, and the Defendant paid KRW 2,000,000 among the rent to the Plaintiff on July 2, 2016.

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

2. According to the above facts finding as to the cause of claim, the instant lease agreement is deemed to have been terminated upon the expiration of the period (see, e.g., Article 6(1) and (3) of the Housing Lease Protection Act). Thus, the Defendant is obligated to deliver the instant house to the Plaintiff, and pay to the Plaintiff the unpaid rent of KRW 2,140,000 (= KRW 4,140,000 - 2,000), and to pay the rent equivalent to the rent based on the ratio of KRW 370,000 from July 21, 2015 to the completion date of delivery of the instant house.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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