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(영문) 서울동부지방법원 2017.08.30 2017가단116488

건물명도(인도)

Text

1. The defendant is the plaintiff (appointed party) and the successor.

(a) Attached drawings among the real estate strata listed in the attached list;

Reasons

1. Basic facts

A. On August 20, 2012, the Plaintiff (designated parties; hereinafter referred to as the “Plaintiff”) and the selector entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant, setting the lease agreement between the Defendant and the Defendant for the amount of KRW 15,00,00,000, monthly rent of KRW 1,40,000 (excluding value-added tax), and from September 3, 2012 to September 2, 2014, with respect to the portion of 204.22 square meters in the ship (a) connected each point in sequence with the real estate listed in the separate sheet (hereinafter referred to as “instant building”). Accordingly, the instant building was delivered to the Defendant around that time.

B. After that, while the instant lease contract was implicitly renewed, the original and the Defendant agreed to change the monthly rent of KRW 1,210,000 (including value-added tax), management expenses of KRW 440,00, and electricity fees of KRW 13,750 on October 15, 2016.

C. Article 11 of the termination contract of the instant lease agreement is written as “cancellation” if the Plaintiff was in arrears for more than two months at the time of entering into the instant lease agreement, but it appears to be a clerical error in the “cancellation.”

From October 2016, the Defendant agreed to allow the payment of the rent to be made. On April 2, 2017, the Defendant delayed the payment of the rent of KRW 6,655,00 in total (= KRW 4,840,000 (= KRW 1,210,000 x 4) management fee of KRW 1,760,00 (= KRW 440,000 x 4) electricity fee of KRW 55,000 ( KRW 13,750 x 4).

On January 3, 2017 and January 16, 2017, the Plaintiff sent a letter verifying the termination of the instant lease agreement on the grounds of the Defendant’s delay of rent. At that time, the said mail was served on the Defendant.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings]

2. Determination:

A. According to the above findings of the determination as to the cause of the claim, this case’s declaration of termination by the Plaintiff’s declaration of termination on the ground of nonperformance, such as the Defendant’s delay of rent.