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(영문) 서울서부지방법원 2019.05.16 2018가단17542

건물명도(인도)

Text

1.(a)

The defendant shall indicate "the drawings" among the real estate stated in the attached Form "the indication of the real estate" to the plaintiff.

Reasons

1. Basic facts

A. On November 23, 2017, the Plaintiff entered into a lease agreement between the Defendant and the Plaintiff with respect to the indication of “the drawings” among the real estate indicated in the attached Form “real estate indications” owned by the Plaintiff, as to KRW 5 million, monthly deposit, KRW 650,000,000, monthly rent, and period from November 29, 2017 to November 28, 2019 (hereinafter “instant lease agreement”).

B. The Plaintiff’s notice of termination was sent to the Defendant on October 29, 2018 on the ground that the Defendant was in arrears for a six-month period until October 2018, and on October 2, 2018, the Plaintiff sent to the Defendant a document certifying the termination of the instant lease agreement on the ground of the delayed rent, and the said content-certified mail sent to the Defendant around that time.

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

2. Determination as to the cause of action

A. According to the facts found above, the lease contract of this case was terminated on the ground of the defendant's delinquency in rent of not less than three years, so the defendant is obligated to deliver the real estate of this case to the plaintiff.

B. Furthermore, we examine the Plaintiff’s monetary claim.

The facts that the monthly rent is 650,000 won under the instant lease agreement are as seen earlier, and the fact that the Defendant continues to possess and use the instant real estate is not disputed between the parties, and barring any special circumstance, it is ratified that the rent after the termination of the instant lease agreement would be KRW 650,000 per month.

In addition, the Plaintiff is a person who received KRW 600,00 from the Defendant on January 8, 2018, KRW 700,000 on January 29, 2018, KRW 650,000 on April 9, 2018, KRW 650,000 on July 27, 2018, KRW 6550,000 on October 19, 2018, KRW 130,00 on November 14, 2018, and KRW 585,00 on November 13, 2018 (the rent for nine months).

Therefore, the defendant is the date nine months have elapsed since the commencement date of the instant lease contract to the plaintiff.