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(영문) 의정부지방법원 2019.02.01 2018나206166
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On January 17, 2014, the Plaintiff prepared a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the real estate listed in the separate sheet (hereinafter “instant apartment”), setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 1,350,000, and the period from February 6, 2014 to February 5, 2016.

B. The Plaintiff and the Defendant around December 30, 2015: (a) the instant lease agreement is terminated at the expiration of the term; (b) while the Defendant had to continue to reside in the instant apartment during the period to identify the place where the director would move, the Defendant increased the amount of KRW 1,450,00 per month from March 2016 to KRW 1,450 per month.

C. As of July 4, 2017, the Defendant did not delay that the Plaintiff was a second-term tea.

On July 7, 2017, the Plaintiff notified the Defendant that the instant lease contract was terminated due to the expiration of the period of validity, etc., and that the instant lease contract was terminated on the grounds of the termination of more than two years of delay in rent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the facts based on the determination as to the cause of the claim, the Defendant did not pay two or more vehicles, and on this ground, the content-certified mail of July 7, 2017, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement, reached the Defendant around that time. Accordingly, the instant lease agreement was lawfully terminated at that time.

Therefore, barring any special circumstance, the Defendant is obligated to receive the remaining money calculated by deducting the amount calculated by the ratio of KRW 15,600,000 from the Plaintiff’s KRW 15,50,00 (= deposit KRW 30,000,000 - KRW 13550,00 (amount for May 1, 2017) - KRW 1,3050,000 (amount for KRW 1,4550,00 for September 1, 2017 through February 2018) from the amount of KRW 1,450,000 for each month from March 10, 208 to the completion date of delivery of the instant apartment and simultaneously deliver the instant apartment to the Plaintiff.

3. Judgment on the defendant's assertion

A. The Defendant is a lessee of the instant lease agreement, and thus, can respond to the Plaintiff’s claim.

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