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(영문) 수원지방법원안양지원 2019.06.13 2018가단116451
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) As from October 8, 2018, KRW 7,750,00 and the above.

Reasons

Facts of recognition

On March 15, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 2,00,000,000 for the building listed in the separate sheet (hereinafter “instant building”), monthly rent of KRW 1,40,000 (prepaid payment on March 23), from March 24, 2017 to March 24, 2018.

The Defendant, based on the instant lease agreement, received the instant building from the Plaintiff, and paid KRW 6,750,000, which is a part of the rent, to the Plaintiff several times from March 23, 2017 to October 20, 2017.

On November 8, 2017, the Plaintiff concluded a lease contract with the Defendant (hereinafter “instant lease contract”) by setting the lease deposit amount of KRW 7,000,000, monthly rent of KRW 800,000, and the lease term of KRW 800,000 from November 8, 2017 to November 8, 2018.

After the conclusion of the instant lease agreement, the Defendant paid 4,80,000 won to the Plaintiff several times from June 26, 2018, and paid 11,550,000 won (=6,750,000 won) as the rent for the instant building. Accordingly, the Defendant paid 7,772,580 won (=10,52,580 won from March 23, 2017 to November 7, 2017) for the unpaid rent under the instant lease agreement by October 7, 2018.

【The rent of KRW 8,800,000 for rent from November 8, 2017 to October 7, 2018 (i.e., KRW 800,000 per month x 11) - the rent of KRW 11,550,00 for rent paid.

On October 15, 2018, the Plaintiff, on the ground of the failure to pay rent for at least two years, is “certification of content as of October 15, 2018, stating the Defendant’s declaration of intent to terminate the instant lease agreement.”

A) The above content certification was sent to the Defendant around that time, and the Defendant was served on the Defendant. The Defendant has up to that time set up his house in the instant building (the fact that there is no dispute over the grounds for recognition, and the evidence A Nos. 1 through 3).

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