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(영문) 수원지방법원 2015.08.21 2015가단12020
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On October 27, 2008, the Plaintiff entered into a lease agreement between the Defendant and the Defendant on the condition that 68 square meters of the real estate listed in the attached list (hereinafter “instant real estate”) be leased at KRW 10 million, monthly rent of KRW 2 million, and again, around July 2009, the Plaintiff and the Defendant agreed to lease the leased property at KRW 20,000,000,000,000 among the real estate listed in the attached list (hereinafter “instant real estate”). However, on June 10, 2013, the lease agreement was amended by setting the lease agreement between the Defendant and the Defendant as KRW 1,2,3,4, and 100,000,000,000,000 for lease deposit and KRW 5,000,000,000,000 for monthly rent of the instant real estate. However, the lease agreement was renewed on June 10, 2013.

(hereinafter referred to as "the instant lease contract"). B.

By December 10, 2014, the Defendant paid a total of KRW 15 million under the instant lease agreement. On December 10, 2014, the Plaintiff sent a mail stating the Defendant’s declaration of intention to terminate the instant lease agreement on the grounds of the Defendant’s failure to pay rent at least two times, and served the Defendant around that time.

C. The Defendant, upon delivery of the instant store after the instant lease agreement, is operating the “C Licensed Real Estate Agent” up to the present, failed to pay a total of KRW 15 million under the instant lease agreement until December 10, 2014, and the monthly rent from March 1, 2015 to the date of closing argument.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence No. 5-1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, since the lease contract of this case was lawfully terminated by the plaintiff's declaration of intention to terminate the contract on the ground of the defendant's delinquency in rent, the defendant delivered the store of this case to the plaintiff by restoring it to its original state, and the unpaid rent of 15 million won.

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