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(영문) 서울남부지방법원 2017.11.08 2017가단9866

건물명도 등

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1. Defendant Samju Holdings Co., Ltd. is real estate indicated in the attached Table from October 1, 2017 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. (1) On July 19, 2016, the Plaintiff is the instant real estate “real estate” between the Plaintiff and the Defendant, as indicated in the separate sheet, (hereinafter “instant real estate”).

A) A lease deposit is KRW 22,00,000, monthly rent of KRW 2,200,000 (the last day of each month, the additional tax is set as follows), and the lease term is set from August 1, 2016 to July 31, 2018, and the above Defendant may immediately terminate this contract if he/she delays the payment of rent at least twice. (hereinafter “instant lease contract”).

(2) After the delivery of the instant real estate, Defendant Samju Holdings, with the Plaintiff’s consent, occupied and used the instant real estate jointly with the Defendant Red Cross Korea Co., Ltd., but did not pay the instant real estate for at least six months from October 2016.

(3) On April 11, 2017, the Plaintiff filed the instant lawsuit seeking termination of the lease agreement and real estate order on the grounds of the delinquency in rent. The duplicate of the instant complaint was served on Defendant Samju Holdings on April 19, 2017.

(4) While the instant lawsuit is pending, Defendant Samju Holdings paid to the Plaintiff all the overdues up to September 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings

B. (1) According to the above facts, the instant lease agreement was lawfully terminated and terminated on April 19, 2017 when the duplicate of the complaint containing the intent of the Plaintiff’s termination of the contract reaches Defendant Samju Holdings, and thus, the Defendants lost possession right over the instant real estate. Thus, barring any special circumstance, the Defendants delivered the instant real estate to the Plaintiff, and Defendant Samju Holdings included additional tax of KRW 2,420,00 per month from October 1, 2017 to the completion of delivery of the instant real estate.