(영문) 청주지방법원 2015.04.29 2014가단15385

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(영문) 청주지방법원 2015.04.29 2014가단15385

건물명도 등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On March 15, 2011, the Plaintiff and the Defendant drafted a lease contract on real estate located in C.

The contract shall be leased by the plaintiff to the defendant, but the deposit 10 million won, the rent 2 million won (payment on the 30th day of each month), the lessor may terminate the contract immediately if the lessee fails to pay the rent more than three consecutive times (Article 4), and any disadvantage at any time when the rent is in arrears not less than two times.

(Special Agreement) contains a clause.

(A) The Plaintiff is the owner of the above real estate.

(A) From January 201, the Defendant paid management expenses to the Plaintiff in 2.50,000 won. From June 201, 2011 to 4.550,000 won were increased.

(2) The Defendant paid a total of KRW 186,134,700 to the Plaintiff from August 23, 2010 to May 31, 2014.

(A) On June 16, 2014, the Plaintiff sent a certificate of content to the Defendant.

The content is that the Plaintiff and the Defendant entered into a lease agreement with respect to the said real estate, with a deposit of KRW 50 million, and rent of KRW 200,000 (per 200,000,000,000). The Defendant delayed payment of KRW 40,351,000 to the Plaintiff by June 16, 2014.

(1) [1] Facts without dispute, entry of the above documentary evidence, the purport of the whole pleadings.

2. The assertion and judgment

A. Unlike the statement in the lease contract, the Plaintiff asserts to the effect that, as the monthly rent rate was increased by the area anticipated to be originally used by the Defendant due to a building change, the amount of KRW 3 million (excluding KRW 200,000,000) increased, the Defendant did not pay it from December 31, 2012, and the amount in arrears until July 2014, which was at the time of the instant lawsuit, reaches 6,7340,000 won (A2), the Plaintiff terminated the lease contract on the ground of the delayed payment of the above rent, and sought the delivery of the said real estate and the payment of overdue rent.

In this regard, the defendant shall pay a monthly rent of 2 million won (excluding additional tax of 200,000 won) and the amount paid above.

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