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(영문) 수원지방법원 2020.11.24 2020가단16699
건물명도 등
Text

The defendant at KRW 14,420,00 from the plaintiff to KRW 167.86 square meters among the real estate listed in the attached Table 1 list from April 3, 2019.

Reasons

1. Facts of recognition;

A. On June 30, 2015, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 50,000,000 (including KRW 50,00,00,00; hereinafter the same shall apply) for the portion (A) of 41.96 square meters in the attached Form among the real estate listed in the attached Table 167.86 square meters in sequence among the real estate listed in the attached Table 167.86 square meters in the five stories (hereinafter referred to as “instant lease agreement”) from July 2, 2015 to July 2, 2017 (hereinafter referred to as “instant lease agreement”).

B. As to the instant lease agreement with the Defendant, the Plaintiff changed the lease deposit to KRW 30,00,000 on August 6, 2016, and KRW 450,000 on monthly rent, respectively, and the lease deposit to KRW 20,000 on January 6, 2019, KRW 580,000 on monthly rent, and KRW 580,000 on August 6, 2020, respectively, and agreed to change the lease deposit to KRW 15,00,000 on April 3, 2019, and KRW 60,000 on rent.

C. At the time of entering into the instant lease agreement, the Plaintiff and the Defendant agreed that the Plaintiff may terminate the instant lease agreement if the Defendant did not pay rent more than twice.

As the Defendant delayed to pay the rent from March 3, 2019, on July 21, 2020, the Plaintiff notified the Defendant of the termination of the instant lease agreement on August 6, 2020, which is the expiration date of the lease due to the Defendant’s delayed payment by content-certified mail, and the content-certified mail reached the Defendant around that time.

The defendant received the instant house from the plaintiff around July 2, 2015, and has been residing in the instant house until now.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The assertion and judgment

A. According to the facts found in the judgment as to the cause of the claim, the instant lease agreement was lawfully terminated on August 6, 2020 with the Plaintiff’s notice of termination on the grounds of delinquency in rent two or more times by the Defendant, and it was terminated after the termination of the lease.

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