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(영문) 서울서부지방법원 2016.12.14 2016가단25044

건물인도도

Text

1. The defendant

(a) Of the real property listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is an owner of approximately 26 square meters in part (A) in a ship connecting each point of the attached Form 1, 2, 3, 4, and 1 among the real estate on the 1st floor listed in the attached Table list (hereinafter “instant real estate”).

B. On February 11, 2012, the Defendant: (a) leased the instant real estate from the Plaintiff at KRW 3,000,000, monthly rent of KRW 600,000; and (b) from February 11, 2012 to February 28, 2014 (hereinafter “instant lease agreement”); and (c) is operating the instant real estate while occupying it until now.

C. As of August 30, 2016, the Defendant unpaid monthly rent of KRW 13,200,000 (monthly rent of KRW 600,000 x 22 months) under the instant lease agreement as of August 30, 201, and thereafter, did not pay not only the unpaid rent but also the period for which it occurred thereafter.

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 August 9, 2016, the Plaintiff, based on the foregoing provision, sent to the Defendant a certification of the content of termination of the instant lease agreement after the Defendant had been in arrears for at least two months of monthly rent, and reached that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 2, purport of 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 August 9, 2016 by the plaintiff, and the defendant is obligated to deliver the real estate of this case to the plaintiff as a duty subsequent thereto. On the other hand, since the monthly rent rate of the real estate of this case has no significant change, it seems that the lease contract of this case continues to be maintained in KRW 600,000 per month as stipulated in the lease contract of this case.

Then, the defendant applies to the plaintiff.