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(영문) 서울중앙지방법원 2016.08.23 2015가단5346454
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 42,92,000 and as regards it, 2016.

Reasons

1. Basic facts

A. On July 24, 2008, the Plaintiff entered into a lease agreement with the Defendant as to the real estate listed in the separate sheet (hereinafter “instant real estate”) as KRW 30,00,000, monthly rent of KRW 2,500,000 (it is recognized that the lease agreement contains KRW 2,300,000, while considering the details of the Defendant’s payment, 2,500,000, monthly rent was set as KRW 2,500,000), and the lease term was set as until July 31, 2010 (hereinafter “instant lease agreement”).

On December 31, 2008, the Defendant paid 10,000,000 won remaining on December 31, 2008 without full payment of the deposit at the time of the delivery of the instant real estate, and upon renewal of the instant lease agreement, increased the monthly rent to KRW 2,70,000.

B. The end unpaid monthly rent of KRW 72,992,00 is the monthly rent of KRW 72,992,00 and KRW 30,000 is the final unpaid monthly rent of KRW 42,92,00,00, which was not paid by the Defendant as of July 2016.

(Plaintiff indicated that the unpaid rent was KRW 97,100,000 in the instant complaint, but the Defendant presented the evidence Nos. 6-3 through 16, and changed the unpaid rent to KRW 74,492,000 in the monthly rent by reflecting this part of the Multi-investment (hereinafter referred to as the “instant complaint”). On the third date for pleading, the Plaintiff asserted that the Defendant paid KRW 1,500,000 in the monthly rent in 2016, and that the unpaid rent was 72,92,000,000 in the final adjustment of the unpaid rent as KRW 72,92,00,000, there is no dispute between the parties as to the unpaid rent).

On August 27, 2014, the Plaintiff notified the Defendant of the payment of the unpaid rent and the termination of the instant lease agreement at the time of the unpaid payment. On July 27, 2015, the Plaintiff notified the Defendant of the termination of the lease agreement on the ground of the rent delay.

[Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1 and 2, and the purport of the whole pleadings

2. According to the above-mentioned facts of determination as to the cause of the claim, the defendant.

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