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(영문) 의정부지방법원 2016.09.30 2016가단106797
건물명도
Text

1. The defendant is against the plaintiffs:

(a) Of the real estate listed in the separate sheet, the indication of the separate sheet No. 1, 2, 3, 4, 5, 6, 7, and 1.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties or may be acknowledged by taking into account the whole purport of the pleadings in each entry in evidence Nos. 1-1, 2-2, 3, and 4-1, 2-2.

On February 17, 2013, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 20 million for the leased property, KRW 1.3 million for the monthly rent, and KRW 1.3 million for the lease period from February 27, 2013 to February 26, 2015 for the lease of the instant leased property (hereinafter “the instant lease agreement”).

B. The Defendant delayed to pay monthly rent under the instant lease agreement, and the monthly rent paid from the opening date of the instant lease term to January 10, 2016 is KRW 25.8 million.

C. On February 22, 2016, the Plaintiff notified the termination of the instant lease agreement on the grounds of the Defendant’s delinquency in monthly rent for at least three months, and the notification was delivered to the Defendant around that time.

2. Judgment on the plaintiff's claim

A. The lease contract of this case was terminated on the ground that the defendant's monthly overdue overdue charge over the part of the delivery of the leased object of this case. Thus, the defendant is obligated to deliver the leased object of this case.

B. (1) The portion of the unpaid rent is KRW 48.1 million (i.e., the total rent for 37 months from February 27, 2013 to March 27, 2016 under the instant lease agreement (i.e., KRW 1.3 million). The Defendant paid only KRW 25.8 million. The unpaid rent is KRW 22.3 million (i.e., KRW 48., KRW 25.8 million).

Meanwhile, if the overdue rent of KRW 20 million is deducted from the overdue rent of KRW 22.3 million, the unpaid rent of KRW 2.3 million until March 27, 2016 is KRW 2.3 million (=20 million - KRW 20 million).

In addition, from March 28, 2016 to April 7, 2016, the filing date of the instant case.

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