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(영문) 서울서부지방법원 2015.09.10 2015나31104

건물명도등

Text

1. Of the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) that constitutes the following amount ordering payment with respect to a counterclaim.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements and images set forth in Gap evidence Nos. 1 to 5, 9, 21, 22, Eul evidence Nos. 1, 2, and 27 (including paper numbers; hereinafter the same shall apply) and the whole purport of the pleadings:

On April 18, 2011, the Plaintiff leased the second floor of the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to the Defendant, with the lease deposit of KRW 20 million, KRW 930,000 per month, KRW 930,000 per month, and the lease period from April 20, 201 to April 19, 2013.

(hereinafter “instant lease agreement”). B.

After paying the lease deposit to the Plaintiff, the Defendant paid the rent from April 201 to April 201, 201, while residing in the delivery of the said real estate, but was in arrears from May 2012.

C. On February 19, 2013, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of two or more teas.

On the other hand, the Defendant demanded the Plaintiff to terminate the instant lease agreement early from November 2012, and around December 16, 2012, the Defendant went to a different place in a state where furnitures, such as bed, sofad, sofapers, and TV, and home appliances were left as they are, and thereafter, used the said real estate by the Defendant or the Defendant’s Dongs, etc. in a intermittent manner.

E. On August 2, 2013, after the filing of the instant lawsuit, the Defendant: (a) collected all the goods owned by the Defendant from the instant real estate; (b) notified the Plaintiff of the return of the lease deposit and the delivery of the said real estate simultaneously; and (c) on December 17, 2013, notified the Plaintiff of the password of the instant real estate, thereby completing the delivery of the said real estate.

2. Judgment on the plaintiff's main claim

A. (1) According to the above facts of recognition as to the claim for rent, the Plaintiff notified the Defendant of the termination of the lease contract on the grounds of the Defendant’s delinquency of rent for at least two years on February 19, 2013.