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(영문) 수원지방법원 성남지원 2018.02.06 2017가단15538
건물인도 등
Text

1. From 6,00,000 to 6,000 won, the Defendant shall indicate the attached drawing among the first floor of the building indicated in the attached list from May 1, 2017.

Reasons

1. Basic facts

A. On December 1, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit of KRW 6 million, monthly rent of KRW 700,000,00,000 for the portion (B) and KRW 27.49 square meters (hereinafter “instant store”) connected each point of the items in the attached Table 2, 3, 6,5, and 2, among the 1st floor of the building listed in the attached Table, from November 23, 2016 to November 22, 2018.

B. From May 2017, the Defendant occupied the instant store without paying the Plaintiff the rent under the instant lease agreement, without paying the Plaintiff the rent.

C. On August 25, 2017, the Plaintiff filed the instant lawsuit seeking the delivery of the instant store at the same time with the payment of the remainder after cancelling the instant lease agreement and deducting the unpaid rent from the deposit. On September 4, 2017, the said warden was served on the Defendant on September 4, 2017.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease was lawfully terminated on September 4, 2017 as a service of the warden around September 4, 2017.

I would like to say.

Therefore, the defendant is obligated to deliver the above real estate to the plaintiff at the same time with the remaining amount calculated by deducting the amount calculated by the ratio of KRW 700,000 per month from May 1, 2017 to the completion date of delivery of the store of this case from the deposit 6,00,000 to the deposit 6,000,000 due to the cancellation of the instant lease contract.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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