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(영문) 의정부지방법원 2018.07.26 2018가단100052

건물명도(인도)

Text

1. The defendant shall receive KRW 5,098,140 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On July 21, 2017, the Plaintiff entered into the instant lease agreement with the Defendant, setting the lease deposit of KRW 15,000,000 (the instant officetel) for the lease deposit of KRW 15,00,000, monthly rent of KRW 990,000, and from the date of the lease contract to July 20, 2018.

The Plaintiff and the Defendant entered into an agreement and a special agreement on the instant case under a lease agreement as follows:

1. Rent shall be paid on the last day of each month;

2. A lessee shall bear all the fees for maintenance, electricity, water, gas, long-term repair appropriations, etc.;

3. The lessee shall consent to the voluntary suspension of lease and the fractional measures when he/she delays the rent and management expenses for at least two years;

4. A lessee shall pay the overdue interest at a rate of 25 percent per annum when he/she fails to pay the rent for at least two years;

5. Where a lessee fails to pay a monthly rent and management expenses for at least two years, the lessor may terminate the contract after setting a reasonable period and cancelling the contract within a reasonable period;

B. The Defendant, while occupying and using the instant officetel under delivery, did not pay monthly rent and management expenses from September 1, 2017.

On January 2, 2018, the Plaintiff sent to D a text message containing an expression of intent to terminate the lease agreement on the grounds of delinquency in rent.

[Judgment of the court below] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The instant lease contract was terminated on January 2, 2018, according to the Plaintiff’s notice of termination on the grounds of the Defendant’s failure to pay monthly rent for at least two months.

Therefore, the Defendant is obligated to deliver the instant officetel to the Plaintiff, a lessor, for the reason of the termination of the lease agreement, and to pay the Plaintiff the rent or unjust enrichment equivalent to the rent from the rent to the rent calculated at the rate of KRW 90,000 per month from September 1, 2017 to the completion date of delivery.

3. Judgment on the defendant's defense dispute

A. The Defendant asserted that this case’s lease contract was terminated.