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Reasons
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(영문) 광주지방법원 2014.10.14 2014가단13957
건물명도 등
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) from June 15, 2013, entry into paragraph (a).

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the attached list (hereinafter “instant real estate”). On April 8, 201, the Plaintiff leased the instant real estate to the Defendant by being paid the lease deposit of KRW 10,000,000, and the lease term from April 15, 201 to April 14, 2013 (hereinafter “the lease of this case”).

The Defendant paid KRW 10,000,000 to the Plaintiff.

B. From April 11, 2011 to September 14, 2012, the Defendant paid a total of KRW 48,000,000 to the Plaintiff.

C. The instant lease was renewed, and the Defendant paid the Plaintiff KRW 2,00,000,000 on April 15, 2013, and KRW 2,000,000 on May 28, 2013, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the lease of this case is KRW 2,00,000 per month, and that the lease of this case is terminated on the grounds of the defendant's delay of rent, and thus, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay the overdue rent.

The defendant asserts that the rent of the lease of this case is KRW 1,500,000 per month.

B. As indicated in the above facts and evidence, ① the Defendant paid the Plaintiff KRW 3,00,000 on April 4, 201, and KRW 9,000,00 on April 11, 2011, respectively, which appears to have paid KRW 10,000,000 for the instant lease deposit and KRW 2,00,000 for the instant lease deposit, and ② the Defendant paid KRW 48,00,000 for the Plaintiff from April 11, 201 to September 14, 2012, which is accurately consistent with the two-year rent calculated as KRW 2,00,000 for each of the instant lease renewal (in light of the fact that the Defendant paid KRW 10,00,00 for the Plaintiff by mistake, or it is difficult to obtain it easily), ③ the Defendant paid KRW 10,00 on April 20, 205, 200 for each of the instant lease renewal to the Plaintiff.

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