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Reasons
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(영문) 수원지방법원 2014.11.26 2014가단34771
건물명도 등
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1. The defendant

(a)encing all the third, fourth, and fifth floors of the buildings listed in the annex list;

(b)20,510,530 won;

Reasons

1. Facts of recognition;

A. On November 16, 2005, the Plaintiff determined the lease deposit amount as KRW 30 million with respect to the third, fourth, and five floors (hereinafter “the instant building”) of the building located in Suwon-si, Suwon-si, Suwon-si, the Plaintiff owned by the Defendant, as the monthly rent of KRW 1,500,000 (monthly 1,650,000 when the terms and conditions of payment of value-added tax and value-added tax are included), and entered into a lease agreement with the period from December 2, 2005 to December 1, 2006.

The defendant paid all the above lease deposit to the plaintiff until December 2, 2005, and began to occupy the building of this case from December 2, 2005 to December 2, 2005.

B. Since April 2006, the Plaintiff and the Defendant agreed to pay 1,782,00 won per month including value-added tax on monthly rent from April 2006.

C. Since then, the defendant occupies the building of this case until the date of closing the argument of this case.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff’s assertion 1) did not pay the difference of KRW 10 million on July 11, 2013, even though the Defendant decided to increase the lease deposit amounting to KRW 40 million, and did not pay the difference of KRW 10 million on the basis of the filing date of the instant lawsuit. The instant lease contract was lawfully terminated upon being served on the Defendant by the instant complaint that included the Plaintiff’s declaration of termination of the Plaintiff’s lease contract. Therefore, the Defendant ordered the Plaintiff to order the instant building, and the unpaid rent calculated as of May 31, 2014 is KRW 25,240,330. Accordingly, the Defendant claimed that the Plaintiff’s delay was the sum of KRW 1,782,00 from June 1, 2014 to KRW 1,782,00 and KRW 200 from February 1, 2014 to KRW 200,201.

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