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(영문) 수원지방법원안양지원 2020.01.09 2019가단7639
건물명도등 청구의 소
Text

1. The defendant shall be the plaintiff.

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

B. From December 3, 2018, the above-mentioned A

subsection (b).

Reasons

Basic Facts

On April 2, 2010, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant building”) with the terms of KRW 5 million, KRW 460,000 per month (payment after May 2, 201), and the term of lease from May 2, 201 to May 2, 2011, with respect to the real estate listed in the separate sheet (hereinafter “instant building”), including the lease deposit amount of KRW 3 million until January 1, 201, and KRW 480,00 per month, and the lease deposit amount of KRW 5 million from January 2, 2011 to KRW 460,00 per month (hereinafter “instant lease agreement”).

The Defendant used the instant building based on the instant lease agreement from the Plaintiff, but did not pay KRW 2 million for the additional lease deposit, notwithstanding the terms and conditions of the special agreement, and accordingly, the Defendant paid KRW 480,000 per month for the lease deposit (3 million for the lease deposit) to the Plaintiff in accordance with the terms and conditions of the instant lease agreement.

Since then, the instant lease contract was renewed several times.

The Defendant paid the Plaintiff the monthly rent of KRW 480,000 per month under the instant lease agreement, and paid the Plaintiff the rent of KRW 480,000 (the rent from March 2, 2018), KRW 1920,000 (the rent from April 2, 2018 to July 2, 2018) around July 2, 2018, and KRW 240,000 (the rent from August 2, 2018 to December 2, 2018) around May 10, 2019.

Accordingly, the Defendant did not pay to the Plaintiff the difference from December 3, 2018 under the instant lease agreement.

The defendant is occupying and using the building of this case until now.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 4, and determination as to the ground for a claim as to the whole purport of the argument, but the fact that the copy of the complaint of this case, stating the plaintiff's declaration of intent to terminate the lease contract of this case on September 25, 2019, is evident in the record that the contract of this case was delivered to the defendant on September 25, 2019. Thus, the lease contract of this case is concluded on September 25, 2019 due to the plaintiff's declaration of intent to terminate the contract of this case.

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