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(영문) 의정부지방법원 2017.10.18 2017가단6191

건물명도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. In fact, on March 26, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the attached list (hereinafter “instant housing”) with the terms that deposit money is KRW 10,00,000, and the term of lease is from April 30, 2016 to April 30, 2018, and the rent is KRW 900,000 per month (the date of rent payment is 30 days per month), and handed over the instant building to the Defendant on April 30, 2016.

On February 6, 2017, the Defendant was in arrears with a period of more than two years, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on the same day on the grounds that the said period was overdue.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 3, the purport of the whole pleadings

2. According to the facts found above, the Plaintiff can lawfully terminate the instant lease agreement on the grounds of the failure to pay rent for at least two years. Therefore, the instant lease agreement was lawfully terminated on February 2017, where the Plaintiff’s declaration of termination reaches the Defendant.

Therefore, the Defendant is obligated to deliver the instant house to the Plaintiff.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.