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(영문) 서울남부지방법원 2016.06.22 2016가단9692

건물인도

Text

1. The defendant shall be the plaintiff.

(a) Each point of the indication 1, 2, 3, 4, and 1 of the same drawings among the first floor of the real estate listed in the attached list.

Reasons

On September 15, 2008, the Plaintiff issued an order to the Defendant on September 15, 2008

From September 15, 2008, the term of lease was 12 months from September 15, 2008, the rental deposit was 30 million won, monthly rent of 2.1 million won (including additional tax, payment on the 15th day of each month).

After that, the lease term has been renewed continuously, and it remains now.

Since March 1, 2015, the Defendant did not pay the monthly rent, but paid the Plaintiff KRW 20 million recently.

The plaintiff asserts in the complaint of this case that the above lease contract is terminated on the grounds of the defendant's delinquency in rent.

The defendant has no answer despite being lawfully served the duplicate of the complaint.

For more than two years, the lease contract was terminated due to the defendant's delinquency in rent.

(A) Terms and conditions of the contract include “The rent shall comply with the surrender of the two-month overdue overdue order” (see, e.g., Supreme Court Decision 2006Do148, Apr. 1,

Next, with respect to the amount of overdue rent, the following shall be charged:

The monthly rent is “2.1 million won” (the Plaintiff calculated the monthly rent as “2.2 million won” from the reference materials as of June 15, 2016, and there is no evidence suggesting that the monthly rent was increased by 2.2 million won, and there is no evidence to acknowledge it. Furthermore, even if the monthly rent is calculated as the total “13 days” from December 2, 2015 to December 14, 2015, it seems that it is difficult for the Defendant to present the monthly rent as of 922,580 won (2.2 million won x 13/31 days x 1312 days x 16/6600 x 36/160 x 3606 x 206 x 316/160 x 206 x 206 x 3.5 days x 206 x 206 x 16.25 days x 2016 x 5 days x x 16.206.4 days x x 206.

Therefore, the defendant's overdue rent from March 1, 2015.