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(영문) 서울서부지방법원 2016.02.03 2015가단28824

건물명도등

Text

1. The defendant delivers to the plaintiff the real estate stated in the attached list, and from February 4, 2015 to the above delivery date 1,500.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On November 20, 2014, the Defendant leased the instant real estate from the Plaintiff as KRW 10,000,000, monthly rent of KRW 1,500,000, and the lease period from December 3, 2014 to September 30, 2015 (hereinafter “instant lease agreement”), and has occupied and resided in the instant real estate until now.

C. The Defendant is paying the monthly rent under the instant lease agreement from February 4, 2015.

According to the instant lease agreement, the Plaintiff, a lessor, may terminate the lease contract when the Defendant, a lessee, has failed to pay the monthly rent for at least two years.

On May 13, 2015, the Plaintiff, based on the foregoing provision, sent to the Defendant a certification of the content of the termination of the instant lease agreement after the Defendant was in arrears for at least two months of monthly rent, and reached that time.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, the purport of the whole pleadings

2. The parties’ assertion and the decision of this court were terminated, and accordingly, they seek against the Defendant the delivery of the instant real estate and the unpaid monthly rent, etc.

According to the above facts, the lease contract of this case was terminated upon the termination of May 13, 2015, and the defendant is obligated to deliver the real estate of this case to the plaintiff. Meanwhile, since the monthly rent of the real estate of this case is not significantly changed, and the monthly rent of 1,500,000 won under the lease contract of this case continued to be maintained, the defendant is obligated to pay to the plaintiff the amount of money calculated at the rate of 1,50,000 won per month from February 4, 2015 to the above delivery.

3. The plaintiff's claim of this case seeking the above duty is justified and it is so ordered as per Disposition.