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(영문) 광주지방법원 2015.10.29 2015가단510547
건물명도
Text

1. The defendant

A. At the same time, the Plaintiff received KRW 20 million from the Plaintiff, and at the same time, the real estate stated in the attached Table is stated in the Plaintiff.

Reasons

Facts of recognition

On December 11, 2012, the Plaintiff, the owner of the real estate listed in the attached list of the lease agreement and re-contract (hereinafter referred to as the “real estate in this case”), was leased to the Defendant on a fixed basis as the deposit of KRW 20 million, monthly rent of KRW 1.1 million, monthly rent of KRW 20,000,000, monthly rent of KRW 200,000, monthly rent of KRW 200,000, and the period from December 20, 2012 to December 19, 2014. The instant real estate was handed over around that time, and the Defendant paid deposit of KRW 20,00

The above term of lease expires, the Plaintiff and the Defendant concluded a lease contract with the purport to increase the amount of KRW 11.50,000 on December 20, 2014, and did not separately set the term of the contract.

As of January 28, 2015, the Defendant did not pay the rent in arrears and the lease termination. As of July 2014, 2014, September 2014, October 2014, 2014, November 2014, and January 2015.

Accordingly, on January 28, 2015, the Plaintiff expressed his/her intent to terminate the instant real estate lease agreement on the grounds that the said agreement is overdue for at least two months to the Defendant, and on January 29, 2015, the said declaration of intention reached the Defendant.

After the declaration of termination as mentioned above, the Defendant paid KRW 110,00 and KRW 650,00 won on January 30, 2015, KRW 1150,000 and KRW 1100,000 on March 4, 2015, KRW 1150,000 and KRW 1110,000 on March 24, 2015, KRW 1150,000 and KRW 80,000 on April 22, 2015, and KRW 1150,00 on May 20, 2015 to the Plaintiff on a monthly basis, and the monthly payment is made from June 2015.

On April 2013, when the lease relationship was in progress, the Plaintiff requested the Defendant to pay KRW 20,000 per month as management expenses for the payment of water supply fees, cleaning expenses, etc. The Defendant consented thereto, and the Plaintiff began to pay KRW 20,000 per month for the management expenses from around that time. In addition, the Plaintiff did not pay KRW 260,00 per month for the total management expenses from July 2014 and from September 2014 to August 2015 (=20,000 won x 13 months).

【Ground of recognition】 There is no dispute;

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