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(영문) 의정부지방법원 2016.12.02 2015나14915
건물명도청구권 등
Text

1. Upon receipt of a claim changed in exchange at the trial, the Defendant from 8,430,00 to 8,430,000 won, starting from November 5, 2016.

Reasons

1. Facts of recognition;

A. On November 3, 2003, while the Defendant leased and used the instant store from the Plaintiff, on November 3, 2015, concluded a new lease agreement (hereinafter “instant lease agreement”) with the Plaintiff and the instant store KRW 10,000,000, monthly rent of KRW 450,000 (payment on November 3, 201), from November 3, 2015 to November 13, 2017.

B. On October 24, 2016, the Plaintiff submitted a preparatory document stating the termination of the instant lease agreement on the grounds that the Defendant did not pay three or more vehicles, to this court. The said preparatory document was served on the Defendant on October 28, 2016.

C. The money paid by the Defendant to the Plaintiff from November 3, 2015, which was the starting date of lease under the instant lease agreement, to November 4, 2016, which was the closing date of the argument in the instant case, is as listed below.

Amount unpaid on December 3, 2015, KRW 50,000, KRW 50,000 on December 3, 2015, KRW 450,000 on January 3, 2015, KRW 60,000 on February 3, 2016, KRW 60,000 on March 390, 200 on KRW 60,000 on March 3, 2016, KRW 60,000 on April 390, 200, KRW 60,000 on KRW 60,00 on May 3, 2016, KRW 390, KRW 60,000 on KRW 60,00 on KRW 6390,00 on June 390, 200 on KRW 6390,00 on KRW 6390,00 on June 390, 2016; and

D. The defendant occupies and uses the store of this case until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 11 through 14, 19, 20, 23, and 26, the purport of the whole pleadings

2. Determination as to the request for delivery of the instant store

A. According to the above facts finding as to the cause of the claim, the sum of the Defendant’s overdue rent of KRW 1,400,000 (= KRW 50,000 KRW 60,000 KRW 60,000 KRW 60,000 KRW 60,000,000 KRW 60,000,000 KRW 60,000,000 KRW 250,000 KRW 60,000,000,000 KRW 230,000,000) reaches the Defendant on October 28, 2016.

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