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(영문) 수원지방법원안산지원 2015.12.10 2015가단109416

건물명도

Text

1. The defendant shall be the plaintiff.

(a) Indication of drawings (1), (2), (4) and (4) of the seven floors of the building indicated in the attached list;

Reasons

1. Facts of recognition;

A. On September 6, 2013, the Plaintiff, among the buildings indicated in the indication of the real estate in the attached list owned by the Plaintiff (hereinafter “instant building”) to the Defendant, leased all seven floors of KRW 2 million as lease deposit, KRW 1.65 million as monthly rent (including value-added tax), and KRW 1.65 million as of September 6, 2013 through September 5, 2014 (1 year).

(hereinafter referred to as the “instant lease contract”) B.

At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant agreed to allow the lessor to terminate the instant lease agreement if the lessee fails to pay rent and management expenses more than twice.

C. The Plaintiff exempted the Defendant from monthly rent for September 2013, and the Defendant did not pay the monthly rent from October 2013 to that day.

On December 18, 2014, the Plaintiff urged the Defendant to pay the monthly unpaid monthly rent to the Defendant by December 31, 2014, and sent each proof to the effect that the instant lease contract is terminated, and that the instant lease contract is terminated if the payment is not made on February 3, 2015, the Plaintiff urged the Defendant to pay the monthly rent unpaid to the Defendant by February 28, 2015, and did not pay the monthly rent. Each of the above proof was served on the Defendant around that time.

[Ground of recognition] Evidence Nos. 1, 2, and 3-1 to 4 of Evidence Nos. 3 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. In full view of the above facts acknowledged, it is reasonable to view that the lease contract of this case was terminated due to the Plaintiff’s notice of termination due to the delay in rent at least twice by the Defendant, a lessee, at least twice.

The fact that the Defendant divided the 7th floor of the instant building into five separate units, such as the indication of the attached drawing, and constructed partitions, and delivered Nos. 1, 2, and 3 of the annexed drawing among July 1, 2015 to the Plaintiff is the Plaintiff. The Defendant is the Plaintiff.