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(영문) 청주지방법원 2017.06.29 2016나4526
건물인도 등
Text

1. The part of the claim for monetary payment in the judgment of the court of first instance against the defendant exceeding the money ordered to be paid below.

Reasons

1. Facts recognized;

A. On November 28, 2014, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the lease deposit of KRW 15 million, KRW 1480,000 per month, and the lease term of KRW 1480,000 per month, and KRW 1484,000 per month, with respect to the portion (a) in the ship connected in sequence with each point of (a) 1,2, 3, 4, 44, and 16 square meters (hereinafter “instant real estate”), among the real estate indicated in the “real estate indication” attached to the Plaintiff’s attached Form, which is owned by the Plaintiff.

B. From January 7, 2015 to December 3, 2016, the Defendant only paid a sum of KRW 27,820,000 to the Plaintiff, but did not pay the Plaintiff the electric charges of KRW 739,140 on March 3, 2017 (= KRW 403,900) out of the public charges incurred on the instant real estate.

C. Meanwhile, the Defendant occupied and used the instant real estate from the date of conclusion of the instant lease agreement to the date of closing argument.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (if there is an additional number, including various numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the cause of action

A. According to the facts found in the judgment on the claim for the delivery of a building, the Defendant did not delay to pay two or more vehicles under the instant lease agreement.

Inasmuch as the fact that the Defendant was served on October 14, 2016 by the copy of the complaint of this case containing the Plaintiff’s declaration of intent that “the lease contract of this case is terminated on the grounds of the failure to pay two or more rents,” the lease contract of this case was lawfully terminated on October 14, 2016 according to the Plaintiff’s notice of termination.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff.

B. As seen earlier, as seen earlier, determination on the claim for overdue rent, unjust enrichment equivalent to the rent, and unpaid management expenses, the monthly rent under the instant lease agreement is KRW 1.48,00,000 and is due to the possession and use of ordinary real estate.

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