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(영문) 수원지방법원 2018.03.13 2017가단32127
건물명도
Text

1. The Defendant ordered the Plaintiff to issue an order, and the said building shall be KRW 900,00 and June 25, 2017.

Reasons

1. Determination on the cause of the claim

A. (1) On February 24, 2017, the Plaintiff concluded a lease agreement with the Defendant (hereinafter “instant building”) by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 1,300,000, and the lease term from February 15, 2017 to February 14, 2018.

(2) From May 2017, the Defendant did not pay the Plaintiff the rent for the instant building (on May 2017, 2017, KRW 900,00). Accordingly, on September 4, 2017, the Plaintiff sent to the Defendant a letter verifying the termination of the instant lease agreement on the ground of the Defendant’s delinquency in rent, and the said letter verifying the content thereof reached the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

B. According to the above facts, the instant lease contract was terminated by the Plaintiff’s declaration of intention to terminate the contract on the ground of the Defendant’s delay in rent, and thus, the Defendant is obligated to order the Plaintiff to restore the instant building to its original state. From May 25, 2017, the overdue rent of KRW 900,000, and from June 25, 2017 to June 1, 300,000, in proportion to the amount of overdue rent of KRW 1,300 to June 25, 2017.

2. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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