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Reasons
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(영문) 의정부지방법원 2015.08.21 2014가단52063
건물명도 등
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1. The defendant shall be the plaintiff.

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

B. From 7,460,200 won and December 24, 2014

Reasons

1. Facts of recognition;

A. On January 8, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with a deposit of KRW 10,000,000, monthly rent of KRW 650,000 (repaid on January 23, 201), and the lease period from January 23, 2014 to January 22, 2016.

B. From April 23, 2014 to May 23, 2014, the Defendant asserted that the Plaintiff was in arrears with the payment of the rent from May 23, 2014, and that the Plaintiff was in arrears with the payment of the rent for eight-month period as of December 23, 2014. In light of the agreement to pay the rent in late payment on the 23th day of each month, the purport of the Plaintiff’s assertion is to the effect that the Plaintiff was in arrears with the payment of the rent from April 23, 2014 to May 23, 2014 (see, e.g., Supreme Court Decision 201Do1488, Apr. 23, 2014). As the Plaintiff was in arrears with the payment of the rent, the Plaintiff notified the Defendant of the termination of the instant lease on the ground that the rent was in arrears on December 15, 2014.

C. After the lease period, the Defendant does not pay 2,260,200 won for management expenses until May 31, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 10, the purport of the whole pleadings

2. Since the Defendant did not pay more than two vehicles, the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination.

Therefore, the Defendant is obligated to issue an order to the Plaintiff for real estate listed in the attached list, and pay to the Plaintiff the sum of KRW 5,200,000 ( KRW 650,000 x 8 months) and management expenses of KRW 2,260,200 ( KRW 5,200,000) up to May 31, 2015, and KRW 7,460,200 ( KRW 2,260,000) up to KRW 650,00 from April 23, 2014 to December 22, 2014, as sought by the Plaintiff, the amount equivalent to KRW 650,00 per month from December 24, 2014 to the completion of the Defendant’s real estate name.

3. If so, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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