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(영문) 수원지방법원 평택지원 2018.09.28 2018가단51377
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

B. From August 20, 2018, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. On March 21, 2016, the Plaintiff, as the owner of the real estate listed in the separate sheet, leased the real estate listed in the separate sheet to the Defendant and part of the site under the following conditions (hereinafter “instant lease agreement”).

The object of lease: The lease deposit from May 20, 2016 to May 19, 2018: From May 20, 2016 to May 19, 2018: The rent of KRW 50 million (including value-added tax): 4.9 million (the portion of a building: KRW 4.4 million: the portion of the parking lot): The rent of KRW 5.9 million: The rent of KRW 20 million each month.

B. After the Defendant’s utilization of leased objects and payment of rent, the Defendant received delivery from the Plaintiff of the leased object and operated a restaurant in the name of “C”.

On the other hand, the details of the payment of the lease deposit, rent, etc. that the Defendant paid to the Plaintiff from May 31, 2016 to August 20, 2018 are as follows.

2. The same shall apply to the statement on the payment of rent, etc.

C. The Plaintiff notified the termination of the lease contract of this case, and the Defendant at the time of early February 2018, at the time of the first police officer, attached Form

2. As indicated in the details of payment, such as rent, etc., the five-year rent (500,000 won per month, which is the rent for the part of the parking lot), was in arrears from September 2017 to January 2018; and the Plaintiff filed the instant lawsuit that stated the Defendant’s declaration of intent to terminate the instant lease contract on the ground of the Defendant’s delay of rent, etc. around February 7, 2018. The duplicate of the instant complaint reached the Defendant on March 2, 2018.

On the other hand, around March 2, 2018, the Defendant sought money from the Plaintiff immediately after being served with a duplicate of the instant complaint and transferred money to the Plaintiff KRW 13.2 million [3 term portion (the rent for a part of a building equivalent to KRW 4.4 million from October 2017 to December 3, 2017], and KRW 8.8 million [4 million] around March 5, 2018, respectively, around 8.8 million [4 million won]. Since then, from March 20, 2018 to August 20, 2018, KRW 4.4 million, which is equivalent to the rent for the part of the building, shall be equal to KRW 4.4 million each month.

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