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(영문) 광주지방법원 2015.02.10 2014가단44876
건물명도 및 임대료
Text

1. Defendant B:

(a) deliver the real estate listed in the separate sheet;

(b) 9,817,130 won and November 2, 2014.

Reasons

1. Basic facts

A. On October 29, 2013, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with the Plaintiff, setting the lease deposit amount of KRW 10 million, monthly rent of KRW 1.2 million, and the lease term from November 2, 2013 to November 1, 2014 (hereinafter “instant lease agreement”).

B. Defendant B: (a) paid the instant lease deposit to the Plaintiff at the time of the conclusion of the instant lease agreement, and occupied the instant real estate upon delivery; (b) however, Defendant B did not pay the monthly rent from April 2, 2014 to September 11, 2014; and (c) did not pay KRW 1,055,340 in total and the electricity fee, and KRW 361,790 in total, from February 2, 2014 to September 11, 2014.

C. On September 15, 2014, the Plaintiff filed a lawsuit of this case with the purport that the instant lease contract is terminated by delinquency for at least two months following April 2, 2014. The duplicate of the complaint was served on the Defendants on November 14, 2014.

The Defendants possessed the instant real estate as of the date of the closing of the instant argument.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 4, purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated as of November 1, 2014 at the expiration of the period, or as of November 14, 2014 at the latest, a copy of the instant complaint containing the Plaintiff’s declaration of termination on the ground of the delinquency in the rent of at least two months in arrears, which was delivered to Defendant B, and thus lawfully terminated on November 14, 2014, Defendant B delivered the instant real estate to the Plaintiff by its reinstatement, and Defendant B delivered the instant real estate to its original state; the sum of overdue management fees and electricity charges of KRW 1,05,340; the sum of overdue rent of KRW 361,790; urban gas charges of KRW 361,790; and the sum of the overdue rent of KRW 84 million for seven months from April 2, 2014 to November 1, 2014 (=120 million x 7 months).

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