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(영문) 전주지방법원 2018.10.26 2018가단12935
부동산명도
Text

1. The defendant

(a) deliver the real estate listed in the separate sheet;

B. From February 18, 2018, 6,350,000 won and from February 18, 2018

Reasons

1. Basic facts

A. On January 18, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 50,00,000, monthly rent of KRW 4,500,000 (including value-added tax), from February 18, 2014 to February 17, 2016, with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. According to Paragraph 2 of the Clause of the instant lease agreement, the instant lease agreement shall be terminated without any separate procedure, and the lessee shall immediately restore the lease to its original state at the time of the contract.

C. The instant lease agreement was explicitly renewed on February 17, 2016, and the Defendant did not pay KRW 20,80,000,000 in the aggregate of KRW 4,950,000 for rent on February 17, 2017, KRW 1,000 for rent on March 3, 2017, KRW 4,950,00 for rent on August 2017, KRW 4,950,00 for rent on September 2017, and KRW 4,950,000 for rent on November 2017, and KRW 20,80,000 for rent on February 18, 2018.

The Plaintiff received a total of KRW 14,450,000, including KRW 4,950,000 on March 5, 2018, and KRW 9,50,000 on June 1, 2018, and the remaining overdue rent is KRW 6,350,00.

E. On May 21, 2018, the Plaintiff sent to the Defendant a certificate of the purport that the instant lease agreement would be terminated by a monthly rent system for at least two months, and the duplicate of the instant complaint indicating the intent to terminate the instant lease agreement reaches the Defendant on May 31, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3 through 6, the purport of the whole pleadings

2. According to the fact that the instant lease agreement was terminated on May 31, 2018 due to the Defendant’s delinquency in paying two or more rents, the Defendant is obligated to deliver the instant real estate to the Plaintiff upon reinstatement. The instant real estate from February 18, 2018, including overdue rent 6,350,000 and overdue rent 6,350,000.

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