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(영문) 수원지방법원안산지원 2016.09.28 2015가단34314
건물명도 등
Text

1. The Defendant’s real estate indicated in the separate sheet from November 27, 2015, in KRW 10,000 from the Plaintiff and KRW 1,920,000.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the entire pleadings, the following facts may be acknowledged and there is no counter-proof evidence in the statement Nos. 1 to 3.

(1) On July 4, 2015, the Plaintiff entered into a contract with the Defendant to lease real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with a lease deposit of KRW 10 million, monthly rent of KRW 480,000,000, and the lease period of KRW 27,000,000 from July 27, 2015 (hereinafter “instant lease contract”).

(2) The Defendant paid KRW 10 million to the Plaintiff, and occupied and used the instant real estate from July 27, 2015, and the monthly rent was not paid to the Plaintiff once.

(3) Accordingly, on November 30, 2015, the Plaintiff terminated the instant lease contract on the ground that the Defendant was not paid monthly rent for at least two months.

“The notice was given, and the notice was sent to the Defendant at that time.

B. According to the above facts, the lease contract of this case was lawfully terminated upon the plaintiff's notice of termination on the ground that the lease contract of this case was not paid monthly rent of at least two months.

Therefore, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay to the Plaintiff the amount calculated by applying the ratio of KRW 1920,00 per month to the amount of unpaid monthly rent from July 27, 2015 to November 26, 2015, which was the base point for the Plaintiff’s use of the instant real estate from July 26, 2015, and the amount of money calculated by applying the ratio of KRW 480,00 per month to the amount of unpaid rent from November 27, 2015 to November 26, 2015, which was the following day of the base point for the said transfer of the instant real estate.

I would like to say.

2. Judgment on the defendant's assertion

A. The Defendant did not pay monthly rent due to the defect in the leased object, and rather, on the assertion that the instant lease contract should be terminated due to the Plaintiff’s fault, the Defendant first priority.

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