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(영문) 대전지방법원천안지원 2016.04.14 2015가단18059
건물인도 등
Text

1. The defendant

(a) deliver the real estate listed in the separate sheet;

B. From November 21, 2015, KRW 6,600,00 and November 21, 2015

Reasons

1. Facts of recognition;

A. On September 30, 2013, the Plaintiff entered into a lease contract with the Defendant for the lease deposit of KRW 10,00,000, monthly rent of KRW 600,000 (prepaid payment on November 21, 201) and the lease term of November 21, 2013 to November 20, 2015 (hereinafter “instant lease contract”) and delivered the instant real estate to the Defendant.

B. However, the Defendant did not pay the Plaintiff the rent from December 21, 2014 to the date.

C. In the instant complaint, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in paying two or more rents, and the duplicate of the instant complaint was served on the Defendant on December 5, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. According to the above facts of determination as to the cause of the claim, the instant lease contract was terminated.

As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the amount of 6,60,000 won (=600,000 won x 11 months from December 21, 2014 to November 20, 2015) and the amount of 600,000 won per month from November 21, 2015 to the time of delivering the instant real estate.

(A) The Plaintiff filed a claim for payment of money calculated at the rate of 600,000 won from October 21, 2015 to November 20, 2015, but the rent from October 21, 2015 to November 20, 2015 to the Plaintiff’s claim is included in the 6,600,000 won for the 11-month rent for which the Plaintiff seeks. Thus, the Plaintiff’s claim for this case was accepted within the scope of the recognition as above, and the remainder of the claim is dismissed as it is so decided as per Disposition.

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