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(영문) 의정부지방법원 고양지원 2018.02.08 2017가단12854
건물인도 등
Text

1. The Defendant marks 1, 2, 3, 4, 5, 6, and 1 drawings among real estate 133.36§³ listed in the attached list to the Plaintiff.

Reasons

1. 청구원인에 관한 판단 원고는 2016. 9. 7. 피고와 별지 목록 기재 부동산 중 별지 도면 표시 ㈎부분 ‘C호’ 45㎡(이하 ‘이 사건 부동산’이라 함)에 관하여 임대차보증금 500만 원, 차임 월 38만 원(관리비 포함), 임대차기간 2016. 9. 9.부터 2017. 9. 8.까지 12개월로 정하여 임대차계약(이하 ‘이 사건 임대차계약’이라 함)을 체결하였다.

After the above lease contract, the Defendant paid the Plaintiff the rent for two months, but thereafter, the payment of the rent was delayed.

On April 10, 2017, the Plaintiff urged the Defendant to pay the rent in arrears, but sent a document verifying the termination of the instant lease agreement on the ground that the Defendant failed to pay the rent in arrears, and on the following day:

4. 11. The above mail reached the Defendant.

[Ground of recognition] In light of the facts without dispute, Gap 1 and 2 evidence, and the purport of the entire pleadings, the defendant did not pay rent to the plaintiff more than two years in arrears despite the defendant's obligation to pay rent to the plaintiff. Since the plaintiff expressed his/her intent to terminate the lease contract on the ground of the defendant's default, the lease contract of this case is deemed to have been lawfully terminated on April 11, 2017, which the plaintiff's declaration of intention to the

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

2. Judgment on the defendant's assertion

A. The gist of the assertion is that the Defendant did not work normally in the house of this case, such as the stoves, boilers, and stoves, installed in the instant real estate, and could not properly use the house of this case, such as mycoin generation, etc., on the wall of this case, and the Plaintiff rejected the request. As such, the Defendant did not have an obligation to pay the car, and did not accept the Plaintiff’s

B. (i) The terms of the instant lease agreement are as follows.

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