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(영문) 청주지방법원충주지원 2019.09.18 2019가단1728
건물인도 등
Text

1. The Plaintiff:

A. Defendant B at the same time receiving KRW 700,000 from the Plaintiff, and simultaneously with the building indicated in the attached Table.

Reasons

1. Basic facts

A. On February 15, 2019, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with Defendant B on the following terms: (a) the building listed in the attached list owned by the Plaintiff (hereinafter “instant building”) as the lease deposit amount of KRW 5,000,000, monthly rent of KRW 400,000 (payment on January 1), and the lease term of KRW 2 years from March 1, 2019 to March 1, 2021; and (b) the Plaintiff, on March 1, 2019, transferred the instant building to Defendant B without receiving the lease deposit under the instant lease agreement from Defendant B, on March 1, 2019.

Article 3 [Change of Use, Sub-lease, etc.] Lessee may not change the use, structure, etc., of the building of this case or sub-lease, transfer the right of lease or offer the security, or use it for any purpose other than the purpose of lease without the consent

Article 4 [Termination of Contract] When the lessee's overdue overdue interest reaches the amount of two-term rents, or violates Article 3, the lessor may terminate the lease contract of this case.

B. However, Defendant B paid only KRW 3,500,000 (hereinafter “instant lease deposit”) to the Plaintiff as part of the said lease deposit, including KRW 500,000 on February 18, 2019, KRW 1,000,000 on March 1, 2019, and KRW 2,500,000 on April 24, 2019 (hereinafter “instant lease deposit”). Defendant B did not pay any difference under the instant lease contract.

C. Defendant B had Defendant C occupy and use the instant building without the Plaintiff’s prior consent or consent until now.

Accordingly, on April 17, 2019, the Plaintiff sent a content-certified mail stating that “the instant lease contract is terminated on the ground that the agreed deposit and the monthly rent are overdue over the two-year period.” The Plaintiff again sent a written complaint of this case on the ground that the lease deposit and the rent overdue for at least two years, and the sub-lease in violation of Article 3 of the instant lease contract without permission.

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