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(영문) 수원지방법원 2016.05.19 2015가단124787

건물명도

Text

1. The Plaintiff:

A. Defendant A’s real estate listed in Annex A’s Schedule 1;

B. Defendant B shall set out in attached list No. 2.

Reasons

1. Claim against the defendant A;

A. On December 31, 2014, the Plaintiff entered into an agreement with Defendant A to terminate the said lease agreement on the grounds of the arrears of rent from January 2015 to May 2015, the Plaintiff agreed that the lease agreement may be terminated in the event that the rent is in arrears for at least three consecutive months after setting the lease period from January 1, 2015 to December 31, 2016, by setting the real estate specified in paragraph (1) of the attached Table No. 15,908,00 won, monthly rent of KRW 194,700, and the lease period of KRW 194,700, and the lease period from January 1, 2015 to December 31, 2016. The Plaintiff was served with the copy of the instant complaint received on July 27, 2015.

Therefore, the above lease agreement was terminated on July 27, 2015 due to Defendant A’s delinquency in rent. Therefore, Defendant A is obligated to deliver the real estate stated in attached Table No. 1 to the Plaintiff.

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence No. 1 and No. 2-5 and No. 3-5 of the evidence No. 2-5 of the Plaintiff’s claim against Defendant B, the Plaintiff, on June 4, 2012, leased the real estate indicated in the attached Table No. 2 to Defendant B, with the period from July 1, 2012 to June 30, 2014 (hereinafter “instant lease agreement”). In the event Defendant B’s delayed payment of the rent for three consecutive months or more at the time of the instant lease agreement, the lessor agreed to terminate the lease agreement, and the Plaintiff, on the ground that the pertinent rent was overdue from December 2, 2014 to May 4, 2015, the Plaintiff expressed his/her intention to terminate the instant lease agreement on the ground that the pertinent rent was overdue, etc. from the instant complaint.

According to the above facts, the instant lease agreement was terminated on July 24, 2015 due to Defendant B’s delinquency in rent. Thus, Defendant B is listed in attached Table 2 of the Plaintiff.