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(영문) 의정부지방법원 고양지원 2018.10.19 2018가단81062
건물명도(인도)
Text

1. Of the real estate listed in the attached Table 1 List 2, the defendant shall be as indicated in the attached Table 2 Map 1, 2, 3, 4, 5, 6, 1, and 1.

Reasons

On July 14, 2016, the original Defendant entered into a lease agreement with the Defendant on July 14, 2016, setting forth a lease agreement between the Plaintiff and the Defendant on July 14, 2016, with the size of 57.97 square meters in part (A) of the attached Table 2 (hereinafter “instant real estate”) connected each point of the attached Table 1, 2, 3, 4, 5, 6, 1, and 57 square meters in sequence among the real estate listed in the attached Table 1 List 1, 2, 3, 4, 5, 6, 1, without a lease deposit, the rent of KRW 700,000 per month (payment on July 30, 201, separate

(hereinafter “instant lease agreement.” Paragraph (3) of the instant lease agreement provides that “The Defendant shall transfer the instant lease agreement to the Plaintiff, separately from the rent on the 30th day of each month, KRW 2,300,000,000,000,000 to the Plaintiff, and at his option, may terminate the instant lease agreement in the event of nonperformance

Then, the Defendant remitted total of KRW 12,530,000 to the Plaintiff by March 27, 2018, including remitting KRW 3 million on September 27, 2016, KRW 60,000 on October 1, 2016, and KRW 80,000 on November 3, 2016, as indicated in attached Table 3’s deposit statement, to the Plaintiff.

On June 2017, the Plaintiff notified the Defendant that the instant lease contract should be terminated on the grounds of the Defendant’s continuous delinquency in rent, etc.

[Ground of recognition] In light of the above facts without dispute, each statement of Gap evidence Nos. 1 through 3 (including partial number of evidence, hereinafter the same shall apply) and the ground for a claim as to the whole argument, the defendant's right to terminate the lease contract of this case was legitimate, and the lease contract of this case was lawfully terminated upon the plaintiff's notice of termination. Thus, it is clear that the plaintiff's right to terminate the lease contract of this case was not in arrears by paying only 3,60,00 won of the sum of the amounts under paragraph (3) of the special agreement and the amount under paragraph (3) of the special agreement (=70,000 won x 4,00 won).

Therefore, the defendant has the real estate of this case to the plaintiff.

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