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(영문) 청주지방법원충주지원 2019.06.05 2018가단3888
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of the buildings indicated in the attached list, 41.91 square meters in one story store shall be 41.91 square meters.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On October 16, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the following terms: (a) the lease deposit amount of KRW 3,000,000, monthly rent of KRW 250,000, monthly rent of KRW 250,000, and the lease period of KRW 30,000, from October 30, 2017 to October 30, 2019; (b) the Plaintiff agreed to lease the property to the Defendant (hereinafter “instant lease agreement”).

Article 4 [Termination of Contract] If a lessee has failed to pay rents on at least two occasions, or violates Article 3, the lessor may terminate the present contract without delay.

Article 5 [Termination of Contract] (1) When a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

(2) In cases falling under paragraph (1), if a lessor returns a security deposit to a lessee and the amount of overdue rent or compensation is paid, he/she shall restrain it and refund the balance

B. After entering into the instant lease agreement, the Defendant paid the Plaintiff KRW 3,000,000 (hereinafter “the instant lease deposit”). After receiving the instant building from the Plaintiff, the Defendant continuously occupied and used the said building until now.

C. On January 1, 2018, the Defendant paid only the monthly rent under the instant lease agreement, and thereafter did not pay the rent under the instant lease agreement. On August 20, 2018, the Plaintiff sent a content-certified mail stating that “the instant lease agreement shall be terminated on the ground that the agreed vehicle is in arrears on at least two occasions,” and the Plaintiff again expressed his/her intention to terminate the instant lease by delivering a copy of the complaint on the ground that the said two or more occasions of delinquency in rent, and the copy of the complaint was served on the Defendant on October 19, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6, 10, and 11 respectively.

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