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(영문) 서울남부지방법원 2020.05.08 2019가단260429

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

A. Each point is in sequence 1, 2, 3, 4, and 1 of the specifications indicated in the separate sheet for real estate indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On January 24, 2019, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on a deposit basis for KRW 10,00,000,00 for the lease of real estate listed in the separate sheet with the Defendant (hereinafter “instant real estate”), and with regard to the lease period from January 24, 2019 to January 23, 2021 (two years), monthly rent of KRW 1,400,000 (excluding post payment, payment on the 23th day of each month, value-added tax), and the Defendant operates an entertainment tavern under the mutual name “D” upon delivery of the instant real estate on January 24, 2019.

B. On October 24, 2019, the Defendant delayed five minutes (from May 24, 2019 to October 23, 2019) as of October 24, 201, and unpaid management expenses KRW 1,373,534.

C. On October 16, 2019, the Plaintiff notified the Defendant of the termination of the instant lease by means of content certification and text message, and the said content certification reached the Defendant on October 18, 2019.

After that, the Defendant paid some overdue rent and management expenses, and the Defendant, on April 3, 2019, has a considerable amount of five minutes of the monthly rent (from October 24, 2019 to March 23, 2020) as of the date of the closing of argument in the instant case, and the Defendant unpaid management expenses of KRW 1,594,310.

【Ground of recognition】 The fact that there has been no dispute, Gap's entries in the evidence No. 5.6, 8, 12 through 17, and the purport of whole pleadings

2. According to Article 7 of the lease contract of this case, when the lessee has failed to pay the rent on more than two occasions, the lessor may terminate the contract without paying the highest rent. Article 10-8 of the Commercial Building Lease Protection Act provides that the lessor may terminate the contract when the annual rent of the lessee amounts to three times the rent.

According to the above facts, the lease contract of this case was lawfully terminated on October 18, 2019 upon the plaintiff's notice of termination.

Therefore, the defendant delivers the real estate of this case to the plaintiff, and the total amount of 9,294,310 won (=7,700,000 won) and management expenses equivalent to the rent (=1,594,310 won) and the real estate of this case from March 24, 2020.