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(영문) 수원지방법원성남지원 2019.02.20 2018가단208269
건물명도(인도)
Text

1. From 20,00,000 to 20,000 won from the Plaintiff, the Defendant indicated the annexed drawing among the buildings listed in the annexed sheet from November 13, 2018.

Reasons

On October 2, 2016, the Plaintiff entered into a lease agreement with the Defendant stating that “A lease deposit shall be KRW 20,00,000,000, and KRW 330,000,000 which connects each point of (a) part of the attached drawing among the buildings indicated in the attached Form (hereinafter “the leased object of this case”) among the buildings indicated in the attached Form (hereinafter “instant lease agreement”). The Defendant did not pay the Plaintiff the rent from KRW 1,2,00,00,000 for KRW 2,20,000 for the lease period from October 13, 2016 to October 12, 2018 (hereinafter “the instant lease agreement”). However, the Plaintiff did not claim that the Plaintiff would not pay the rent from KRW 0,00 on December 13, 2017, and the Defendant paid the Plaintiff the rent from KRW 80,70,000 for the reason that the Plaintiff would have agreed on the withdrawal of the lease.

the parties have no dispute between them, or are recognized in accordance with the purport of Gap evidence 4 to 6 and all pleadings.

According to the above facts, the certificate of content of March 5, 2018, stating the plaintiff's expression of intent to terminate the lease, reached the defendant around that time, and the lease contract in this case was lawfully terminated on the ground of the defendant's delayed, and the plaintiff was paid the rent by November 12, 2018.

Therefore, the Defendant, upon the Plaintiff’s request, received the remaining money from the Plaintiff after deducting the amount calculated by the rate of KRW 2,200,000 per month from November 13, 2018 to the completion date of delivery of the leased object of this case from the amount of KRW 20,000.

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