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Reasons
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(영문) 대전지방법원 2017.01.24 2016가단20562
건물명도 등
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1. The defendant shall be the plaintiff.

(a) deliver the buildings indicated in the attachment;

B. From October 30, 2014, KRW 300,000 and KRW 50,000.

(b).

Reasons

1. Determination as to the cause of claim

A. On November 5, 2012, the Plaintiff entered into a lease contract with the Defendant on a deposit basis of KRW 10,000,000 for the first floor of the attached building, KRW 600,000 for the rent, and KRW 30,00 for the lease term of November 30, 2014 (hereinafter “the first lease contract of this case”) and received KRW 10,000,000 from the Defendant and delivered the said building to the Defendant.

B) On July 30, 2014, the Plaintiff and the Defendant agreed to increase the rent of KRW 1,100,000 to KRW 1,10,000 instead of using all the attached buildings. C) The Plaintiff and the Defendant agreed to enter into a lease agreement with the content of the alteration as prescribed in the aforementioned B, and the building indicated in the attached Form (hereinafter “instant building”) on November 30, 2014.

(1) The term of a lease agreement with respect to security deposit of KRW 10,000,00, rent of KRW 1,100,000, term of lease of KRW 30,000, term of lease of KRW 10,000, and term of November 30, 2014 to November 30, 2016 (hereinafter “the instant secondary lease agreement”).

(2) Upon the Defendant’s request on June 17, 2013, the Plaintiff returned KRW 5,00,000 out of the lease deposit to the Defendant. However, upon the Defendant’s request, the Plaintiff received KRW 2,00,000,000 on December 31, 2015, and KRW 2,000,000 on January 1, 2016, and KRW 4,000,000, and KRW 300,000 from September 30, 2013, the Defendant did not entirely pay the Plaintiff the unpaid rent (i.e., KRW 9,30,00,000 from September 29, 2014) 】 (i.e., KRW 300,000 from September 30, 2013 to July 29, 2014).

B. According to the above recognition, since the second lease contract of this case was terminated upon the expiration of the period, the defendant delivered the building of this case to the plaintiff, and the defendant is not paid until October 29, 2014.

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