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(영문) 서울남부지방법원 2017.06.23 2017가단4731

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

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

B. From March 10, 2017, KRW 4260,00 and the same.

Reasons

1. Facts of recognition;

A. On June 13, 2015, the Plaintiff entered into a lease agreement with the Defendant to lease the instant real estate listed in the separate sheet (hereinafter “instant real estate”) with the lease deposit of KRW 70 million, monthly rent of KRW 1420,000,000, and the period from July 10, 2015 to July 9, 2017, and thereafter, the Defendant occupied and used the instant real estate by transferring it to the Defendant around that time.

B. By February 10, 2017, the Defendant did not pay the monthly rent of KRW 4,260,000,000.

C. On February 13, 2017, the Plaintiff sent a letter verifying the termination of the instant lease agreement to the Defendant on the grounds that the Defendant was in arrears with the said two or more monthly rents. Around that time, the said mail sent to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2-2, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was terminated by the Plaintiff’s expression of intent to terminate the contract around February 13, 2017.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay an amount equivalent to the monthly rent or the monthly rent, calculated by the ratio of KRW 4.26 million from March 10, 2017 to the completion of delivery of the instant real estate, as sought by the Plaintiff, as well as the monthly rent of KRW 4.2 million from March 10, 2017 to February 1, 2017.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.