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(영문) 수원지방법원성남지원 2017.06.28 2017가단202974
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and the said real estate from March 21, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff delivered to C the real estate listed in the separate sheet (hereinafter “instant real estate”), and upon C’s request, the Defendant carried on the PC business from the instant real estate.

B. On September 12, 2016, the Plaintiff offered a proposal to the Defendant to conclude a lease agreement on the instant real estate, and concluded a lease agreement with the Defendant, setting the lease deposit amount of KRW 10,00,000 for the instant real estate, KRW 1,50,000 for the rent month, and the period from January 23, 2016 to January 22, 2018 for the rent period (hereinafter “instant lease agreement”).

In the instant lease agreement, 3% additional dues should be paid if the lessee fails to pay the rent more than twice.

B. On September 12, 2016, the Defendant paid KRW 6,000,000 to the Plaintiff in arrears, but did not pay the Plaintiff the rent corresponding to the fourth period from October 2016 to January 2017.

[Ground of recognition] without any dispute, Gap evidence 1 through Gap evidence 3, Gap evidence 5, Eul evidence 1, Eul evidence 3, the purport of the whole pleadings and arguments

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant did not pay the rent corresponding to the fourth period, and the Plaintiff notified the Defendant that the instant lease contract was terminated by the delivery of the instant complaint, and the fact that the duplicate of the instant complaint was served on the Defendant on February 20, 2017 is clearly stated in the record, so the instant lease contract was terminated.

In addition, in the instant lease agreement, if the Defendant delays two or more vehicles, 3% additional dues shall be paid, and the Defendant did not delay two or more vehicles, as seen earlier.

Therefore, barring special circumstances, the Defendant delivers the instant real estate to the Plaintiff, and the unpaid rent of KRW 6,00,000 from October 201 to January 2017, 2017, and the additional 3% per month on the said rent and the additional 3% per month.

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