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(영문) 수원지방법원평택지원 2016.01.06 2015가단11019
건물명도
Text

1. The defendant shall be the plaintiff.

A. A. It shall be 305 square meters at a factory of Pyeongtaek-si C, non-dong general steel structure, and other pental roof.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 20 million, monthly rent of KRW 1600,000 (excluding value-added tax on January 30, 2014), between January 1, 2014 and December 31, 2014, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 305,500,000,000 (excluding value-added tax) for a non-Dong-dong general steel structure, and other pent-dong factories (hereinafter “instant building”). From January 1, 2015, the Plaintiff set the lease agreement as KRW 170,000 (excluding value-added tax) monthly rent from January 1, 2015.

(hereinafter referred to as “instant lease agreement”). B.

From November 2014 to the date of the closing of argument in the instant case, the Defendant occupied and used the instant building without paying the Plaintiff the tea stipulated in the instant lease agreement, and without the Plaintiff’s consent, installed one container (hereinafter “instant container”) on the ground of not less than 93 square meters in the attached Table among the 1587 square meters in Pyeongtaek-si warehouse site owned by the Plaintiff, which is located within the scope of 1587 square meters.

C. On February 25, 2015, the Plaintiff notified the Defendant that the instant lease agreement was terminated due to the Defendant’s delinquency in rent by content-certified mail.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the instant lease agreement was lawfully terminated by the Plaintiff’s expression of intent to terminate the lease agreement on the ground of the Defendant’s delay of at least two rents. Since the Defendant installed the instant container on the ground of the Plaintiff’s land and occupied the relevant site, the Defendant is obligated to deliver the instant building to the Plaintiff and to collect the instant container, barring special circumstances.

B. In addition, until December 31, 2014, including value-added tax, the amount of the car under the instant lease agreement is KRW 1760,000 per month, from January 1, 2015 to January 1, 2015, and the Defendant’s payment from November 2014 to the Plaintiff.

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