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(영문) 대전지방법원서산지원 2015.10.13 2015가단5004
건물인도
Text

1. The Defendant shall from September 27, 2014 to the completion date of delivery of the real estate indicated in the separate sheet from KRW 10,000,000 from the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 13, 2013, the Plaintiff leased real estate listed in the attached list owned by the Plaintiff (hereinafter “instant building”) to the Defendant as security deposit of KRW 10,00,000, rent of KRW 500,000 per month (payment after December 27, 2013), and the period from December 27, 2013 to December 27, 2014.

(hereinafter referred to as “instant lease agreement”)

The defendant shall pay the deposit to the plaintiff, and from December 27, 2013, the defendant is residing in the building of this case to the present date.

C. The Defendant did not pay rent after September 2014 to the Plaintiff. On March 20, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement, and sought delivery of the instant building on April 2, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. According to the above facts, since the instant lease contract was lawfully terminated on the grounds of the Defendant’s failure to pay rent for at least two years, the Defendant is obligated to pay the Plaintiff the remainder of money obtained from the Plaintiff at the rate of KRW 10,000,000 from September 27, 2014 to the completion date of delivery of the instant building at the same time from September 27, 2014 by deducting the amount calculated by the rate of KRW 50,000 per month from the Plaintiff as the Plaintiff seeks.

3. All of the claims of the Plaintiff on the conclusion of the decision are accepted.

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