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(영문) 대전지방법원논산지원 2015.04.09 2014가단4685
주택명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the attached Table 1 list, each point of Attached Form 1, 2, 3, 4, 5, 6, and 1.

Reasons

Basic Facts

A. On March 10, 2014, the Plaintiff, an employee of his/her business entity, agreed to lease the instant house as KRW 64.78 square meters (hereinafter referred to as “instant house”) on the part inside the ship (a) connected in sequence 1, 2, 3, 4, 5, 6, and 1 among the buildings listed in the attached Table 1 list from C, for a period from March 11, 2014 to March 11, 2015, with the consent of the Defendant on the same day, by setting the deposit amount of KRW 5 million, monthly rent, and monthly rent payment date of KRW 250,000,000,000,000 from March 11, 2015.

(hereinafter referred to as “instant sublease contract”). (b)

On or around March 11, 2014, the Plaintiff paid 5 million won deposit under the above lease agreement to C, and the Defendant occupation the instant house from around that time until that time.

C. Around May 30, 2014, the Defendant retired from a company operated by the Plaintiff. From June 11, 2014, the Defendant did not pay the difference to the Plaintiff as well as C.

On August 13, 2014, the Plaintiff sent to the Defendant a written notice demanding the delivery of the instant house by August 30, 2014 on the grounds of the delinquency of the three-year period of rent, and the said notice was delivered to the Defendant on August 14, 2014.

In addition, on March 5, 2015, the Plaintiff stated that “the sub-lease contract of this case is terminated by the delivery of a copy of the complaint of this case on the third day for pleading present at the Plaintiff and the Defendant.”

[Ground of recognition] Fact that there is no dispute, each entry of Gap evidence Nos. 1 through 7 (including a branch number if there is a serial number) and the purport of the whole pleadings, based on the fact of recognition as above, since the defendant has failed to pay two or more rents from June 11, 2014 to June, 2014, the sub-lease contract of this case contains the plaintiff's notice of August 13, 2014, which contains the contents of demanding the transfer of the house of this case on the ground of the delinquency of two or more rents.

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