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(영문) 대전지방법원 공주지원 2018.11.22 2018가단1178
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

A. Of the 139.52 square meters of the 4th floor of the building indicated in the attached list, each indication of drawings in the attached Form 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On May 19, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the rent of KRW 300,00 won per month, management expenses, monthly management expenses, and May 21, 2015 to May 20, 2017 with respect to the portion of KRW 26,00 square meters in the attached Form No. 1, 2, 3, 4, and 1, which connects each point in the attached Table No. 1, 39.52 square meters on the 4th floor of the building owned by the Plaintiff, as indicated in the attached Table No. 1, 2, 3, 4, and 1 (hereinafter “instant housing”). The instant lease agreement was renewed after the expiration of the said lease term.

B. The Defendant did not pay the Plaintiff rent and management expenses from May 21, 2018.

(3) The defendant alleged that he paid 30,000 won in cash to the plaintiff on the day of entering into the instant lease agreement, but there is no evidence to acknowledge it).

On July 9, 2018, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground of the overdue rent of at least two years.

On the other hand, around June 17, 2018, the Defendant had directors from the instant house to other buildings, and even thereafter, the Defendant’s kitchen equipment, bedclothes, etc. remain in the instant house.

E. On June 2018, the Defendant paid 12,550 won for electric power and urban gas costs to the instant housing, respectively.

[Reasons for Recognition] The facts without dispute, Gap evidence 1 through 8 (including each number; hereinafter the same shall apply), Eul evidence 1 to 4, and the purport of the whole pleadings

2. Determination

A. According to the above facts, it is reasonable to view that the instant lease contract was terminated upon the Defendant’s delayed payment of more than two years around July 20, 2018.

(A) The Defendant asserts that the above lease contract was terminated on or around June 17, 2018, but there is no evidence to acknowledge the fact that the Plaintiff and the Defendant agreed to terminate. Therefore, the Defendant ordered the instant house to the Plaintiff, and the Defendant also ordered the instant house to the Plaintiff, the sum of the overdue rent and the management fee from May 21, 2018 to July 20, 2018, and the amount of electricity for June 2018.

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