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(영문) 수원지방법원 2018.05.31 2018가단6941 (1)
건물명도
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, the owner of Young-gu, Young-gu, Suwon-si, and one parcel of land Dtel 106 Dong 506 (hereinafter “instant real estate”), entered into a lease agreement with the Defendant on the instant real estate with a deposit of KRW 10 million, monthly rent of KRW 900,000,000, monthly rent of KRW 1000,000, from March 22, 2016 to March 21, 2017, and monthly rent of KRW 21,000 (hereinafter “instant lease agreement”), and delivered the instant real estate to the Defendant.

On the other hand, the instant lease contract was renewed once.

B. Article 4 of the instant lease agreement provides, “In the event that a lessee fails to pay a rent for the period of two years, the lessor may terminate the instant lease without delay,” and the special agreement stipulates, “All kinds of public charges shall be settled by the present lessee on the basis of the balance date.”

C. The Defendant did not pay the monthly rent several times and did not pay the rent for more than two years before the Plaintiff filed the instant lawsuit. D.

On January 31, 2018, the content-certified mail to the effect that the Plaintiff terminated the instant lease agreement on the grounds of the Defendant’s delay of rent reaches the Defendant.

E. On April 3, 2018, the Defendant applied for the order of lease registration of the instant real estate on April 13, 2018, and completed the registration of the instant real estate lease upon the order of lease registration of the said real estate under the name of the court 2018Kadan104.

F. On April 16, 2018, the Defendant handed over the instant real estate to the Plaintiff. As of March 21, 2018, the overdue rent is KRW 3.6 million (four months).

G. As of April 16, 2018, management expenses imposed on the instant real estate are KRW 4,477,040.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. We examine ex officio the legitimacy of the instant lawsuit.

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