(영문) 수원지방법원평택지원 2015.07.10 2015가합8027

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(영문) 수원지방법원평택지원 2015.07.10 2015가합8027

건물명도

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1. The defendant shall deliver to the plaintiff each building listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On October 2, 2013, the Plaintiff stated that each of the buildings listed in the separate sheet (hereinafter “each of the instant buildings”) listed in the separate sheet (hereinafter “each of the instant buildings”) KRW 50 million as lease deposit (an intermediate payment of KRW 10 million is KRW 20 million as of November 30, 2013, and an intermediate payment of KRW 20 million as of December 31, 2013, and KRW 48 million as of December 31, 2013, and KRW 30 million as of December 30, 2013, respectively. However, in full view of the parties’ assertion, evidence, and the overall purport of arguments submitted, the date of the instant lease agreement appears to be “the last day of each month,” and the remainder of the building from December 31, 2013 to December 13, 2014 is the same as the lease agreement of KRW 16,000,000 as of December 14, 2013.

(hereinafter “instant lease agreement”). B.

On October 10, 2013, the Defendant paid the down payment of KRW 10 million among the lease deposit, and did not pay the remainder security deposit. On December 9, 2013, the Defendant drafted a written confirmation to the Plaintiff that “The intermediate payment of KRW 20 million among the lease deposit shall be paid up to December 31, 2013 and the remainder of KRW 20 million shall be paid up to January 15, 2014, respectively, and if the instant building is not implemented, it shall be restored to its original state and then transferred immediately.”

C. However, the Defendant did not pay the security deposit pursuant to the foregoing agreement, and was not paid at the time when it was based on the instant lease agreement.

Accordingly, on March 18, 2014 and May 12, 2014, the Plaintiff notified the Defendant that the instant lease agreement will be terminated by demanding the payment of rent under the instant lease agreement. On August 7, 2014, the Plaintiff sent to the Defendant a content-certified mail indicating the termination of the instant lease agreement on the ground of overdue rent, and around that time, the content-certified mail is posted.

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