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(영문) 청주지방법원제천지원 2019.01.23 2018가단1922
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver a third-story detached house of 83.93 square meters among buildings listed in the attached list;

(b) 2,700.

Reasons

1. Facts of recognition;

A. On November 18, 2016, the Plaintiff leased 83.93 square meters of the three-story detached housing among the buildings listed in the attached Table to the Defendant.

The Plaintiff and the Defendant agreed to pay KRW 50,000 per month the lease deposit amount of KRW 5,00,000 and KRW 500,00 per month, but the Defendant agreed to pay the deposit amount of KRW 550,00 per month until the Defendant fully pays the lease deposit.

(hereinafter referred to as “instant lease agreement”). The Plaintiff delivered the said building to the Defendant on the date of conclusion of the said contract.

B. On December 30, 2016, the Defendant paid KRW 1,000,000 to the Plaintiff out of the lease deposit, and thereafter did not pay the remainder of the lease deposit.

Therefore, the monthly rent was maintained in 50,000 won.

C. The Defendant did not pay KRW 2,700,000 in total, even after deducting all of the deposit for lease from October 18, 2018.

On October 19, 2018, the Plaintiff filed the instant lawsuit containing the content that “the instant lease agreement is terminated on the ground that the deferred amount reaches the two rents.” The duplicate of the instant complaint was served on the Defendant on October 24, 2018.

[Ground for recognition] Unsatisfy

2. According to the above findings, the instant lease agreement was terminated by the notice of termination on October 24, 2018.

Therefore, the Defendant is obligated to deliver to the Plaintiff the third-story detached house of 83.93 square meters among the buildings indicated in the attached list, which are leased objects, and to pay the unpaid rent of 2,700,000 won and the unpaid rent of 550,000 won per month from October 19, 2018 to the completion of delivery of the building.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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