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(영문) 인천지방법원 2015.04.30 2014가합59091
건물명도
Text

1. From April 1, 2015 to the delivery date of each building listed in the separate sheet from KRW 90,904,800 to KRW 17.

Reasons

1. Basic facts

A. On June 19, 2013, the Plaintiff entered each of the buildings listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) on the part of the Defendant on June 19, 2013.

Of 1504 through 1507, a lease agreement for a deposit of KRW 96,950,000, monthly rent of KRW 9,695,000, and term of lease of KRW 1501 through 1503 from July 5, 2013 to July 4, 2015 (hereinafter “instant lease agreement”). From July 5, 2013 to July 4, 2015, KRW 65,38,000, monthly rent of KRW 6,538,000, term of lease of KRW 6,538,000, from July 21, 2013 to July 20, 2015 (hereinafter “instant lease”).

(2) In each case, the Defendant concluded a contract with the Plaintiff as to the payment of the rent (including value-added tax, KRW 17,856,30,00) on the last day of each month. The four months of August, 2013, February, August, 2014, and February, 2015 are to be leased free of charge without monthly rent. However, in the event that the instant lease contract is terminated due to the Defendant, a lessee, the Defendant agreed to deduct the rent for the said free lease from the deposit.

3) The Plaintiff delivered the instant real estate to the Defendant, and the Defendant paid the Plaintiff a total of KRW 162,330,000 to the Plaintiff. B. The Defendant did not pay monthly rent and management expenses after June 2014 to the Plaintiff.

2) Accordingly, on June 18, 2014, the Plaintiff notified the Defendant of the notice of demand for the monthly rent and the notice of termination of the contract through Edidrid, the truster, the Plaintiff. On June 30, 2014, the Defendant promised to pay the rent up to July 20, 2014 to the Plaintiff by July 30, 2014, and did not implement the said notification even if the Plaintiff promised to deliver the building to the Plaintiff by August 31, 2014 without objection at the time of unpaid payment. The Plaintiff notified the Plaintiff that the lease contract will be terminated if the Plaintiff fails to pay the unpaid monthly rent by September 2, 2014 again until September 18, 2014.3) The Defendant did not pay the unpaid monthly rent and management fee by the said deadline, and the instant lawsuit was pending.

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