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(영문) 의정부지방법원고양지원 2019.03.13 2018가단13830
건물명도
Text

1. The Defendant shall deliver the real estate indicated in the attached Form to the Plaintiff, and from June 1, 2017 to the completion date of delivery of the said real estate.

Reasons

According to the purport of Gap evidence Nos. 1, 2, and 3 and the entire pleadings, on January 1, 2016, the plaintiff sent a written notice to the defendant that he/she was in arrears with the defendant on September 21, 2018, to the effect that on January 1, 2016, the real estate stated in the separate sheet (hereinafter "the instant real estate") was leased for a fixed period of KRW 5 million, KRW 3,000, KRW 3330,000, and KRW 24 months from January 1, 2016 (hereinafter "the instant lease contract"), and the defendant paid only KRW 5,430,000,000 to the plaintiff from February 5, 2016 to October 24, 2018, the plaintiff sent the written notice to the defendant that he/she would not accept the written notice, and the defendant expressed his/her intention to terminate the instant lease contract on the grounds of delinquency with the defendant's complaint through the instant complaint.

According to the above facts, the instant lease agreement was terminated on the ground of the Defendant’s delinquency in rent, and 5.43 million won paid by the Defendant to the Plaintiff from January 2016 to May 2017, 2017 was appropriated for the rent for 17 months (5.61 million won). As such, the Defendant is obligated to pay the Plaintiff the money calculated by the ratio of KRW 330,000 per month from June 1, 2017 to the delivery date of the said real estate, as sought by the Plaintiff.

The plaintiff's claim is justified, and it is so decided as per Disposition.

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