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(영문) 인천지방법원 2016.05.26 2015나60658
건물명도 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. As to the cause of claim

A. On May 14, 2012, the Plaintiff leased (i) Nos. 101 and 102 (hereinafter “instant store”) to the Defendant, on the lease period from June 10, 2012 to June 9, 2014, the Plaintiff set the lease period of KRW 8 million, deposit money, and KRW 900,000 per month (hereinafter “instant lease”). (ii) The Defendant did not pay the rent from December 2012 to the Defendant.

3) On February 26, 2014, the Plaintiff sent to the Plaintiff a certificate of content indicating that “the instant lease is terminated and the rent is paid until the delivery of the instant store,” and the said certificate of content reaches the Defendant on March 7, 2014. 4) The Defendant delivered the instant store to the Plaintiff on July 16, 2015.

5) The rent in arrears is KRW 13,403,571 due to the termination of the instant lease until March 7, 2014. The rent in arrears is KRW 14,661,290 ( KRW 900,000 x 16 months x 9/31) from the following day to July 16, 2015 (16th day). The rent in arrears is KRW 14,661,290 ( KRW 900,000 x 900 x 9/31) from the date of delivery of the instant store by the day after July 16, 2015 (16th day). [The respective entries in subparagraphs

B. Determination 1) Since the Defendant did not pay two or more rents, the lease of this case was lawfully terminated, terminated, and terminated on March 7, 2014, on which the Plaintiff expressed its intention to terminate the lease of this case. 2) The Defendant is obligated to pay to the Plaintiff 5,403,571 won (annual rent 13,403,571 - deposit 8,000,000 won) and the amount equivalent to 14,61,290 won, plus 20,64,861,861 won, among them, 5,403,571 won, as the Plaintiff seeks, from March 8, 2015 to July 17, 2015, to the day after the day after the day after the delivery of the instant store, to the day after the day after July 15, 2015, which is a copy of the application for change of the claim of this case, and to the day after the day after the delivery of each claim of this case.

2. As to the defendant's argument

A. The defendant alleged after the termination of the lease of this case.

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