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(영문) 수원지방법원 2018.11.30 2018가단540465
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the five floors of the real estate listed in the attached list, the indication of the attached list 1, 2, 3, 4, 5, and 1.

Reasons

1. Facts of recognition;

A. On August 10, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant real estate by setting the deposit amount of KRW 20,00,000 for the instant real estate, KRW 1,850,00 for the tea, KRW 4,000 for the management expenses, KRW 4,000 for the monthly average (electric and water rates separate), and the lease term from January 15, 2016 to January 31, 2018, and handed over the said real estate to the Defendant.

B. From May 2017 to June 30, 2018, the Defendant delayed the payment of rent, etc. under the instant lease agreement: (a) as of June 30, 2018, KRW 38,080,08 [Around November 2017, the outstanding amount of KRW 18,505,806 from December 2017 to June 2018 (= KRW 12,950,000 for the management fee of KRW 12,846,480 for the rental fee of KRW 2,51,826 for the electricity fee of KRW 157,50 for the water rate of KRW 157,50 for the water rate of KRW 157,50 for the water rate of KRW 157,500 for the waterworks fee of KRW 2,846,480 for the instant lease agreement];

C. On July 5, 2018, the Defendant prepared a written agreement (hereinafter “instant agreement”) stating that “The Defendant shall pay to the Plaintiff the amount of KRW 18,080,088 (excluding KRW 20,00,000,000) to be settled until June 30, 2018, up to July 30, 2018, and if the period is not paid in full, the Defendant renounced the authority of all the instant real estate and issued it to the Plaintiff.”

The Defendant occupied and used the instant real estate until the date of closing the argument of the instant case.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. The parties' assertion

A. On November 2, 2017, the Plaintiff notified the Defendant of the termination of the said lease agreement and urged the payment of the rent.

The Defendant, even after the fact that it did not pay a rent continuously, did not fully deduct the deposit, and agreed to set up the instant agreement and pay 18,080,088 won in unpaid amount until July 30, 2018 to waive all rights at the time of unpaid payment.

Therefore, the defendant raises objection to the plaintiff.

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