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(영문) 서울서부지방법원 2017.10.27 2017가단11059

건물명도(인도)

Text

1. The defendant

(a) deliver the real estate listed in the separate sheet;

B. From 3,900,000 won and from 10 May 2017

Reasons

1. Facts of recognition;

A. On June 10, 2015, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). Lease deposit amounting to KRW 7 million, monthly rent of KRW 650,00 (payment on the 10th of June): From June 10, 2015 to June 10, 2017, a lessor (the Defendant) may terminate the instant lease agreement when the lessee (the Plaintiff) is in arrears for the second period.

B. Upon the Defendant’s failure to pay the monthly rent more than two months, the Plaintiff notified three times (on December 5, 2016, December 26, 2016, December 29, and May 29, 2017) that the instant lease agreement will be terminated.

C. The rent unpaid by the Defendant at the time of May 29, 2017, upon which the Plaintiff finally notified the termination of the instant lease agreement, is KRW 3.9 million for six months from November 10, 2016 to May 9, 2017 (i.e., monthly rent of KRW 6.5 million x six months).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, and 3, the purport of the whole pleadings

2. According to the above facts finding, the instant lease agreement was lawfully terminated around May 29, 2017, on the ground that the Defendant was in arrears with two or more vehicles. Thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the unpaid rent of KRW 3.9 million and the unpaid rent of KRW 3.9 million from May 10, 2017 to the date of delivery of the instant real estate, which is calculated by the rate of KRW 650,000 per month.

3. The plaintiff's claim of this case is justified.