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(영문) 수원지방법원 2017.08.17 2017가단10509
건물명도
Text

1. The Defendant each indicated on the attached list 1, 2, 3, 6, 1 among the 101m2 and 102m2 of the 1st floor of the building indicated on the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 31, 2015, the Plaintiff entered into a lease agreement with the Defendant on August 30, 2018 (hereinafter “instant lease agreement”) under which the lessor may terminate the contract when he/she has failed to pay rent at least twice a lease period of KRW 30 million, KRW 1320,000 per month, KRW 52,00 per month, and KRW 520,000 per month, and KRW 1,2,3,6,00 in the attached Form No. 1, 3, and 102.92 square meters of the first floor of the building indicated in the attached Table (hereinafter “instant lease agreement”), and thereafter, the Plaintiff entered into a lease agreement with the Defendant for the lease of KRW 42.9,00 (hereinafter “instant real estate”). Around that time, the Plaintiff delivered the instant real estate to the Defendant.

B. From May 2016 to September 2016, the Defendant did not pay rent from May 2016, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the rent was not paid twice or more times on October 7, 2016.

C. After that, the Defendant paid the rent and management expenses for the portion of September 2016 and October 2016, and paid the rent and management expenses until July 24, 2017, such as the payment of the rent and management expenses in arrears on May 24, 2017, while continuing to pay the remainder of the rent, etc.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of determination, the instant lease contract was terminated on October 7, 2016, and the Defendant is obligated to deliver the instant real estate to the Plaintiff (1). (2) The Defendant is obligated to pay the amount calculated by applying the rate of KRW 1,372,00 per month, which is equivalent to the sum of the rent and the management fee from July 25, 2017 to the completion date of delivery of the instant real estate.

3. Therefore, we accept the Plaintiff’s claim.

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