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(영문) 수원지방법원안산지원 2016.07.14 2016가단57390
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On February 27, 2014, the Plaintiff leased (a) part (a) of 264 square meters in the ship connected each point of the attached Form 1, 2, 3, 4, and 1 among the real estate listed in the attached Table owned by the Plaintiff to the Defendant under the following conditions:

(hereinafter referred to as “instant lease agreement”). Lease deposit amounting to 20,000,000, and rent amounting to 2,000,000 won per month (the 30th day of each month, the later payment), and the lease period: From May 15, 2014 to May 14, 2016.

B. By March 14, 2016, the Defendant paid a total of KRW 16,00,000 (eight months) as the tea, and the Plaintiff notified the Defendant of the termination of the instant lease on the ground of the Defendant’s delinquency in rent by serving the duplicate of the instant complaint.

【Unsatisfied Facts, Gap evidence 1 and 2】

2. According to the evidence No. 1 of the judgment as to the cause of the claim, where the Plaintiff and the Defendant agreed that the lessor may terminate the lease contract of this case in the event that the amount of delay in rent of the lessee reaches the amount of rent of two years at the time the lease contract of this case was concluded, and the Defendant’s delayed payment as of March 14, 2016 reaches the amount of rent of 14 years, and the Plaintiff notified the Defendant that he would terminate the lease contract of this case on the ground of the Defendant’s delinquency in rent of two or more years by delivery of the duplicate of the complaint of this case.

In full view of the above facts, it is reasonable to view that the lease contract of this case was terminated by the plaintiff's notice of termination on the ground of not less than two years in arrears.

Therefore, the Defendant delivered the leased object of this case to the Plaintiff and calculated at the rate of KRW 8,00,000 per month from March 15, 2016 to March 14, 2016, which is the remainder obtained by deducting the amount of KRW 20,000,000 from the deposit money of this case from total of KRW 28,00,000,000, and the amount of KRW 2,000 per month from March 15, 2016 to the completion date of delivery of the leased object of this case.

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