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(영문) 전주지방법원 2016.07.19 2015가단36817
건물명도 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's claim of this case

The Plaintiff, on April 28, 2014, leased the instant real estate owned by the Plaintiff to the Defendant with a lease deposit of KRW 35 million, monthly rent of KRW 200,000,000, and the period of two years, respectively (hereinafter “instant lease”). The Defendant paid only monthly rent for May 2014, and the Plaintiff did not pay the subsequent monthly rent, and on this ground, notified the Defendant of the termination of the said lease. Accordingly, the Defendant is obligated to deliver the said real estate to the Plaintiff and pay the money calculated by the ratio of KRW 200,000 per month from June 28, 2014 to the completion date of delivery of the said real estate.

2. In light of the purport of the entire pleadings in the evidence Nos. 1 and 2, although there is no dispute between the Plaintiff and the Defendant regarding the conclusion of the instant lease agreement as alleged by the Plaintiff, the Defendant concluded the instant lease agreement with the Plaintiff, and, in full view of the purport of the entire pleadings, the Defendant, upon which the Plaintiff was unable to pay part of the deposit money to the Plaintiff, decided that the Korea Land and Housing Corporation would be assisted by the housing-disadvantaged rental housing business (the Korea Land and Housing Corporation, which was supported by the Government in order to stabilize the residential life of the housing-disadvantaged group and sublet the said real estate to the occupants who are the housing-disadvantaged group). Accordingly, the Korea Land and Housing Corporation decided on May 29, 2014 that the deposit money for the lease of the instant real estate was KRW 35 million (the Defendant, who is the occupant, the remaining deposit money KRW 3,250,000,000,000,0000,000,0000).

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