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(영문) 서울동부지방법원 2015.12.09 2015가단20194
건물명도
Text

1. The defendant shall be the plaintiff.

A. From KRW 39,200,000 to KRW 39,200,00, real estate listed in the separate sheet from June 29, 2015.

Reasons

1. Basic facts

A. On March 3, 2014, the Plaintiff entered into a lease agreement with the Defendant, through an agent C (the Plaintiff’s mother) on the attached list, stipulating that the instant real estate is leased to the Defendant by setting the lease deposit amount of KRW 60,000,000, monthly rent of KRW 200,000 (repaid on March 29, 2014) and the lease term of KRW 29,000 from March 29, 2014 to March 28, 2016 (hereinafter “the instant lease agreement”). The Defendant paid KRW 6,00,000,000 among the lease deposit and KRW 2,00 on March 3, 2014; KRW 4,000,000 on March 4, 2014; and at the same time, the Plaintiff paid the remainder of KRW 50,000,00 on March 3, 201.

B. However, until March 29, 2014, the Defendant paid only KRW 51,200,000 out of the lease deposit to the Plaintiff. Accordingly, the Plaintiff and the Defendant decided to change the lease deposit amount to KRW 8,800,000 ( KRW 60,000-51,200,000) from the remainder of the lease deposit until April 29, 2014 to the Plaintiff as well as KRW 100,000 for interest thereon, and the Defendant paid KRW 8,800,000 to the Plaintiff by April 29, 2014.

C. The Defendant received the instant real estate from around March 29, 2014 and resided in the instant real estate from that time until that time, and the Plaintiff was not paid a difference from the Defendant from December 29, 2014 to the date of closing the argument in the instant lease agreement.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. Determination as to the claim for the surrender of a building

A. According to the above findings of the determination as to the cause of the claim, the instant lease agreement was in arrears with the amount of two or more rents.

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