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Reasons
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(영문) 수원지방법원 2014.08.28 2014가단12863
건물명도 등
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1. The defendant shall be the plaintiff.

(a) deliver each building listed in the separate sheet;

(b) 6,852,580 won and its 65,150.

Reasons

1. Facts of recognition;

A. As to each building listed in the separate sheet owned by the Plaintiff, the Plaintiff entered into each of the following lease agreements with the Defendant (hereinafter “each of the instant lease agreements”).

1) A building listed in attached list No. 1 (hereinafter “instant 502 building”)

(2) On June 30, 201: From June 30, 2011 to January 21, 2013, deposit amount of KRW 10,000: From June 30, 2011 to January 21, 201: A new lessee takes over all of the rents (B) under the status of being installed as a private teaching institute as of the contract date of KRW 1,100,000 (including value-added tax). If the lessee fails to pay rent for three or more months, the lessor may terminate this contract without giving notice to the lessee; 2) the date of the contract of the building specified in attached Table 2 (hereinafter referred to as “building No. 503: the lease period from May 31, 201 to January 31, 2011: the unpaid lease period of KRW 10,100 to May 30, 201 (including value-added tax); the lease amount of KRW 10,1000,000,000.

If a lessee fails to pay a rent for at least three months, the lessor may terminate the contract without giving the lessee a peremptory notice.

No monthly rent shall accrue for three months from the date of the contract.

C. The Defendant’s total unpaid rent and management fee that was not paid by the former lessee at the time of each lease agreement of this case (i.e., KRW 3,614,270 in the case of the instant building No. 503, supra) is KRW 1,884,780 in the case of the instant building.

From July 2011, the Defendant delayed to pay the rent from around September 201 to around September 201 with respect to the instant 503 building. As of February 2, 2014, the total unpaid rent amounting to KRW 67,900,00 [= KRW 35,200,000 (= KRW 1,100,000 x 32 months) of the instant 503 building] 32,70,000,000 (= KRW 1,100,000) of the instant 503 building x 1,000.

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