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(영문) 서울중앙지방법원 2017.01.13 2016가단114437

건물명도 등

Text

1. The defendant is against the plaintiffs:

(a) deliver the real estate listed in the separate sheet;

(b)payment of 19,800,000 won and c.

Reasons

1. Facts of recognition;

A. On March 10, 2016, the Plaintiffs concluded a lease agreement with the Defendant and the real estate listed in the separate sheet (hereinafter “instant real estate”) by setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 4,500,000, and the lease term from March 25, 2016 to March 24, 2017.

(hereinafter “instant lease agreement”). B.

The defendant did not pay the rent from June 2016.

Accordingly, the Plaintiffs notified the Defendant that the instant lease contract was terminated if they did not pay the rent by August 25, 2016, when demanding the payment of rent around August 12, 2016. The said notification reached the Defendant around that time.

C. The Defendant did not pay the sum of KRW 19,800,000 by September 30, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the instant lease agreement was terminated on the ground of delinquency in rent, the Defendant is obligated to deliver the instant real estate to the Plaintiffs, to pay the overdue rent of KRW 19,800,000, and to pay the amount equivalent to the rent of KRW 4,500,000, calculated from October 1, 2016 to the completion date of delivery of the said real estate.

3. The Defendant’s assertion regarding the Defendant still remains the lease deposit, and the Plaintiffs asserted to the effect that they did not repair the defects of the instant real estate, but on this ground, it cannot refuse to pay rent. Therefore, the instant lease contract was lawfully terminated.

The defendant's argument is without merit.

4. The plaintiff's claim for conclusion is reasonable.