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(영문) 광주지방법원 2019.03.21 2018가단525038
건물명도(인도)
Text

1. From 70,00,000 to 70,000 won from the Plaintiff, the Defendant shall attach from January 1, 2019 to the first floor of the building listed in the attached Table 1.

Reasons

1. Basic facts

A. On March 5, 2014, the Defendant, the owner of the real estate listed in attached Table 1, as indicated in attached Table 1, entered into a lease deposit, KRW 70,000,00, monthly rent of KRW 50,000 (excluding value-added tax), and March 4, 2009 (60 months) with respect to the above building, as to the portion (a) indicated in attached drawings 1, 22, 3, 4, 5, 5, 6, 7, 5, 7, 7, and 204.6 square meters (hereinafter “instant store”) connected each point of 1, 204, in sequence, with the Defendant, who is the owner of the real estate listed in attached Table 1, and the rent is the first day of each month for each month, and the management fee is the first day of each month, and the terms “C” as a business name.

B. According to Article 11 of the above lease agreement, when the defendant is delinquent in paying the monthly rent, management fee, and deemed expenses for not less than two months, the plaintiff shall notify the defendant of his intention to cancel the contract in writing, and in such a case, the plaintiff may notify the defendant of his intention to cancel the contract with a grace period of not less than two weeks from the date of notification and may terminate the contract if he fails

C. The Defendant asserted that the rent and management expenses for the portion of May 2016 KRW 6,160,000, KRW 6,160,000 for rent and management expenses for the portion of January 2017, and KRW 6,160,00 for the rent for the portion of March 2018, the Plaintiff was KRW 4,710,000 for the rent for the portion of March 2018. However, according to the evidence No. 3 of subparagraph 3, the Defendant deposited KRW 3,450,000 for the aggregate of KRW 3,450,000 for the payment of KRW 2,710,00 for the remainder of March 2018

On April 2018, 2018, the rent and management fee of KRW 6,160,00, 6,160,000 for the rent and management fee of May 2018, and KRW 110,00 for the management fee of June 2018, and KRW 3,050 for the rent of July 2018, namely, KRW 29,960,00 for the aggregate of the rent, KRW 50,00 for the management fee of KRW 550,00 for the aggregate.

Accordingly, on August 3, 2018, the Plaintiff served a duplicate of the instant complaint on the grounds of the Defendant’s delinquency in rent, etc., and expressed the intent to terminate the instant lease agreement. The duplicate of the instant complaint reached the Defendant on August 10, 2018.

E. Since then, the Defendant: (a) KRW 6,160,000 on August 8, 2018; (b) KRW 6,160,00 on August 24, 2018; and (c) KRW 12,320,00 on September 5, 2018.

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