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Reasons
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(영문) 대전지방법원 2016.04.07 2015가단34984
건물명도등
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1. The defendant shall be the plaintiff.

(a) Of the land in Daejeon-gu Daejeon-gu, the number of points indicated on the ground plan No. 1, 2, 5, 4, and 1 shall be in order.

Reasons

1. Facts of recognition;

A. On August 1, 2014, the Plaintiff leased the leased deposit amount of KRW 3 million, monthly rent of KRW 300,000 (payment on the first 20 days), and from August 20, 2014 to August 19, 2015, the lease period of KRW 300,000,000 (payment on the first 20,000,000,000,000,000,000 won for the land connected in order to each point of Annex 1, 2, 5, 4, and 1 among the land in the Dong-gu Daejeon-gu, Daejeon, and part of KRW 54.95,00,00,00,000 (hereinafter “lease object”)

In the above lease agreement, the plaintiff and the defendant agreed to terminate the lease agreement if they were not delinquent as two or more vehicles.

B. The defendant has paid the lease deposit in full and has been residing in the object of the lease up to now.

C. On November 10, 2015, the instant warden, stating that the Plaintiff would terminate the said lease contract against the Defendant on the grounds of two or more vehicles of rent.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the Defendant paid only KRW 80,000 for 19 months from August 20, 2014 to February 20, 2016.

As to this, the defendant asserts that he paid all the rent up to August 2015, including the payment of KRW 500,000,000 on June 1, 2015 and KRW 300,000 on July 29, 2015.

In addition, there is no evidence that the plaintiff paid 80,000 won to the defendant as alleged by the defendant, and there is no evidence that the defendant paid the additional monthly rent.

Therefore, the overdue rent paid by the Defendant is KRW 4.9 million after deducting KRW 8 million paid by the Defendant from KRW 5.7 million for 19 months (from August 20, 2014 to March 19, 2016), as the Plaintiff seeks.

Since rent is paid on the 20th day of each month in advance, the above amount falls under the details of arrears from August 20, 2014 to March 19, 2016.

B. As seen earlier, as seen earlier, the Defendant did not pay two or more rents, and the Plaintiff did not pay more than two rents.

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