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(영문) 수원지방법원 2018.08.02 2018가단510600
건물명도(인도)
Text

1. From 2,896,667 to 22, 2018, the Defendant shall transfer the real estate indicated in the separate sheet from the Plaintiff to the date of delivery.

Reasons

Facts of recognition

On April 5, 2016, the Plaintiff leased real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to the Defendant with the deposit of KRW 20 million, monthly rent of KRW 700,000,000, and the lease period from April 9, 2016 to April 8, 2018.

At the time, the defendant agreed to leave the real estate of this case if he did not pay two times or more.

The defendant paid only the rent of KRW 700,000 on May 6, 2016 and June 6, 2016, and did not pay the rent thereafter.

The plaintiff notified the termination of the above lease by serving a copy of the complaint of this case on the grounds of the delinquency in rent of the defendant, and the copy of the complaint reached the defendant on March 26, 2018.

[Reasons for recognition] According to the above-mentioned facts, the above-mentioned lease contract was lawfully terminated according to the statements in Gap's evidence Nos. 1 and 6 and the purport of the whole pleadings.

Therefore, the defendant's monthly rent (total 26 months and 13 days) from April 9, 16 to June 21, 18, 167 calculated as KRW 2,896,667, to the plaintiff: (700,000 won x 26 months) = (700,000 won x 13 days x 130,000 won) = 18,503,333 won (less than won): 18,503,333 won - 1.4 million won (paid monthly rent) = The balance of deposit of KRW 17,103,333 won: 200,000 won (paid deposit) - 17,103,333 won (Late rent) - 286,686,207, 200 won after deducting the remainder of the real estate paid from June 21, 2018 to the plaintiff.

The claim of this case is accepted.

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