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(영문) 수원지방법원평택지원 2017.05.31 2017가단570
건물명도 등
Text

1. The defendant's original meritoriouss,

A. To deliver the real estate listed in the separate sheet, and to the above building from January 1, 2017.

Reasons

1. Facts of recognition;

A. On April 24, 2013, the Plaintiff agreed to pay the Defendant a lease deposit of KRW 10,000,000, monthly rent of KRW 600,000, monthly rent of KRW 600,00, from April 30, 2013 to April 29, 2014, the rent payment period of KRW 129.75 square meters on the first floor among the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant store”) to the Defendant on the 30th day of each month.

(hereinafter “instant lease agreement”). B.

After that, the Plaintiff and the Defendant implicitly renewed the instant lease contract, and changed the monthly rent to KRW 900,000.

C. The Defendant did not pay KRW 7,200,000 for eight-month rent from May 2016 to December 2016 (the changed monthly rent of KRW 900,000) to the Plaintiff.

The copy of the complaint of this case, on February 9, 2017, stating that the Plaintiff terminated the instant lease agreement on the grounds of more than two years of delay, reaches the Defendant on the grounds that the copy of the complaint of this case reached the Defendant.

[Reasons for Recognition] The parties to a dispute do not dispute between them, or obvious facts to this court, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Inasmuch as the instant lease contract was terminated on the ground of overdue rent, barring any special circumstance, barring any special circumstance, the Defendant is obligated to deliver to the Plaintiff the instant store, which is the object of the said lease contract, and to pay the unpaid rent, delay damages therefor, and the agreed rent from January 1, 2017 to the delivery date of the said store.

(A) The Plaintiff asserts that the monthly rent was KRW 990,00,000. The Plaintiff sought payment of KRW 90,000 per month by the day of the day, and there is no ground to seek an additional payment of KRW 90,000. In addition, since the monthly rent occurred from the 1st day of the relevant month, the date on which the commencement of the rent commences is corrected to January 1, 2017, which was sought by the Plaintiff).3. The Defendant’s assertion on the Defendant’s assertion is, on December 3, 2016, the Defendant injured the Defendant and obstructed his business.

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