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(영문) 수원지방법원안산지원 2017.06.30 2016가단14140
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the first floor of the building listed in the separate sheet, each point of the attached sheet Nos. 1, 2, 3, 4, and 1.

Reasons

1. In full view of the respective descriptions of Gap evidence 1 to 5 (including paper numbers) and the whole purport of the arguments as to the cause of the claim, the following facts are recognized:

A. On March 16, 2012, the Plaintiff, among real estate listed in the separate sheet, leased a commercial building on the left side of the first floor to the Defendant for the period from April 6, 2012 to April 5, 2014, the lease deposit amount of KRW 3,000,000, KRW 300,000, KRW 300,000, KRW 300,000, and KRW 200,000, KRW 200,000, and KRW 200,000, respectively, from October 13, 2013 to October 12, 2013.

B. The above lease contract was extended once by agreement between the plaintiff and the defendant.

(The expiration date of the extended period is not clear).

From May 1, 2014, the Defendant failed to pay the above monthly rent of KRW 500,000 on a timely basis, and thereafter, paid the monthly rent on a intermittent basis. On the settlement of the monthly rent that the Defendant paid to the Plaintiff, the Defendant did not pay the monthly rent from April 1, 2015.

On August 1, 2016, the fact that the Plaintiff expressed his/her intention to terminate each of the above lease agreements by serving a duplicate of the complaint of this case is apparent in the record.

According to the above facts, since each of the above lease agreements terminated on August 1, 2016, the defendant is obligated to deliver the above real estate to the plaintiff, and the defendant is obligated to pay the amount calculated by the ratio of KRW 500,000 per month from April 1, 2015 to the completion date of delivery of each of the above real estate.

2. Judgment on the defendant's assertion

A. The Defendant asserts that the Plaintiff had reduced the rent of KRW 1,00,000 out of the rent in arrears due to the defect in the leased object, but there is no evidence to acknowledge the Defendant’s assertion. Therefore, the Defendant’s assertion is without merit.

B. The defendant asserts the set-off of the lease deposit, from the rent in arrears, the amount of KRW 4,000,000.

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