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(영문) 수원지방법원성남지원 2015.06.12 2015가단203294
토지인도
Text

1. The Defendant’s KRW 20,500,000 for the Plaintiff and the Plaintiff

A. As regards KRW 16,100,000 among them, from March 7, 2009 to June 12, 2015.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant entered into a lease agreement with each of the real estate listed in the separate sheet (hereinafter “instant lease agreement”) with the term of the contract from November 25, 2001 to November 10, 2003, with the deposit amount of KRW 22 million, monthly rent of KRW 2.2 million (payment on January 10, 200) (hereinafter “instant lease agreement”).

Even after the contract was renewed, the contract was renewed.

B. On February 22, 2009, the Defendant recognized that the Plaintiff was delinquent in paying the monthly rent of 16 months, and drafted a letter of intent to deposit KRW 2.9 million on March 6, 2009.

C. On January 12, 2015, the Plaintiff sent to the Defendant a certificate of the content that the unpaid rent is KRW 37.4 million, which includes the unpaid rent for the previous 16 months and the rent of KRW 2.2 million on December 2014, and if the unpaid rent is not repaid within seven days, the Plaintiff sent a certificate of the intent to take civil or criminal disadvantage and compulsory deportation measures.

The defendant did not pay the rent for December 2014, and the rent for January 2015 to the plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the facts of recognition on the duty to deliver each of the instant real estate, the instant lease agreement was terminated on March 22, 2015, which served on the Defendant at least a copy of the instant complaint, including the Plaintiff’s declaration of termination of the instant lease agreement, due to the Defendant’s delay of at least two rents.

Therefore, the defendant is obligated to deliver each of the real estate of this case to the plaintiff.

B. According to the facts of the recognition of the obligation to pay the unpaid rent, etc., the Defendant is obligated to pay the Plaintiff KRW 20,500,000,000,000,000,000,000,000,000,000 for the unpaid monthly rent of 18 months, and KRW 2,50,000,000,000,000,000,000,000,000.

However, the damages for delay.

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