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(영문) 의정부지방법원 2019.08.14 2018가단10401
건물인도 등
Text

1. The defendant is against the plaintiffs:

(a) order the buildings listed in the separate sheet;

(b) KRW 5,490,000 and as regards it,

Reasons

1. Basic facts

A. On July 14, 2016, the Plaintiffs concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the attached list (hereinafter “instant building”) by setting the lease deposit of KRW 20 million, monthly rent of KRW 1.7 million (in addition, KRW 5 million on the fifth day of each month), and the lease term from July 1, 2016 to October 30, 2017.

B. According to the instant lease agreement, the lessor may terminate the lease contract in a case where the lessor does not pay the lessee the rent at a two-year period.

(Article 4) is set forth.

C. The above lease contract was implicitly renewed from July 5, 2016 to July 5, 2018, the Defendant did not pay the Plaintiffs a total of KRW 4,920,00 (34,880,000 (24 months x 1,870,000) to be paid = the rent that the Defendant paid to the Defendant on the actual basis).

Accordingly, the Plaintiffs, on the ground that the instant lease contract is terminated on the grounds of the failure to pay the rent for at least two occasions against the Defendant, seek the order of the instant building and the payment of the overdue rent.

“The instant suit was filed, and a duplicate of the complaint was served on the Defendant on July 6, 2018.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. In addition to the above fact-finding, it is clear in the record that the fact that the copy of the complaint of this case was served on the Defendant on July 6, 2018 is clearly stated that the lease contract of this case between the Plaintiffs and the Defendant was terminated at the latest at that time.

Therefore, the defendant ordered the plaintiffs to order the building of this case. ② The above unpaid rent of KRW 4,920,00 and the rent of KRW 1,870,00 from July 6, 2018 to June 5, 2019 shall be reasonable.

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