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(영문) 서울중앙지방법원 2017.12.19 2017가단5056489

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

A. The attached Form 62.81 square meters out of the Seoul Western-gu Seoul Western-gu ground mentor and the coagu business place.

Reasons

1. Basic facts

A. On May 23, 2012, the Plaintiff’s attached D leased to the Defendant the part 38.28 square meters in the place of the order set forth in the paragraph (a) of this case (hereinafter “instant commercial building”). On May 23, 2012, the Plaintiff completed the registration of ownership transfer on the building, including the instant commercial building, due to donation.

B. On January 1, 2015, the Plaintiff entered into a contract with the Defendant to lease the instant commercial building under the following agreement by setting the deposit amount of KRW 100 million, monthly rent of KRW 7 million (excluding surtax), and one year from the date of the contract, etc., and concluded a lease contract by setting the monthly rent of KRW 8 million (excluding surtax) between the Defendant and the Defendant on January 1, 2016.

Monthly rent shall be KRW 8 million (excluding surtax) in the case of a re-contract in 2016 by mutual agreement.

The facility cost, etc. for the commercial building of this case shall not be recognized as all, and the defendant shall remove the facilities installed in the building name map and restore it to its original state.

C. From the conclusion of the instant lease agreement to November 25, 2016, the Defendant paid the Plaintiff KRW 47,800,000 in total as monthly rent (the above amount paid by the Defendant is less than the monthly rent, including value added tax for 6 months from January 1, 2016), and the Defendant did not pay monthly rent thereafter.

On December 6, 2016, the Plaintiff sent a content-certified mail to the Defendant to the effect that the instant lease contract is terminated due to the delinquency of monthly rent.

[Grounds for Recognition: Facts without dispute, Gap-5 evidence, Gap-7 evidence, purport of the whole pleadings]

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s delinquency in payment of monthly rent.

Therefore, the Defendant transfers the instant commercial building to the Plaintiff, and ② the unpaid monthly rent to January 31, 2017.