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(영문) 수원지방법원 2018.10.31 2017나16966
건물명도
Text

1. Of the part of the claim for monetary payment in the judgment of the court of first instance, the payment to the Plaintiff exceeding KRW 11,516,129.

Reasons

1. Basic facts

A. On October 19, 2016, the Plaintiff entered into a lease agreement with the Defendant to lease real estate listed in the separate sheet (hereinafter “instant factory”) with the period from November 10, 2016 to November 10, 2019 (hereinafter “instant lease agreement”), and received KRW 15,500,000 from the Defendant’s day the lease deposit was paid for the remainder of KRW 13,50,000 upon entering into a contract, and the monthly rent of KRW 1,50,000 (payment after October 10, 2016), and the lease period of KRW 1,50,000 from November 10, 2016 to November 10, 2019 (hereinafter “instant lease agreement”).

B. Paragraph (1) of the special terms and conditions of the instant lease agreement provide that “a lease shall be made on a basic and present facility.”

(hereinafter referred to as the “instant special agreement”). C.

On November 8, 2016, the Plaintiff paid KRW 1,694,00 to the Korea Electric Power Corporation and completed the electrical construction for the instant factory.

On November 10, 2016, the Plaintiff delivered the instant factory to the Defendant.

E. On December 19, 2016, the Plaintiff urged the Defendant to pay the remainder of the lease deposit and the rent, and if not, the Plaintiff sent the content certification demanding the delivery of the instant factory (hereinafter “instant content certification”).

F. The defendant is occupying the factory of this case until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant concluded a lease agreement on the instant plant with the Plaintiff and did not pay only KRW 1,500,000 for the remainder of the lease deposit and KRW 13,500,000 for the remainder of the lease deposit, even though the Plaintiff received delivery of the instant factory from the Plaintiff. Therefore, the Plaintiff’s lease agreement is terminated by the content certification of the instant case or the delivery of a duplicate of the complaint of the instant case.

Therefore, the defendant delivers the factory of this case to the plaintiff, and the factory of this case from December 10, 2016, which is the first monthly rent payment date.

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