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(영문) 수원지방법원성남지원 2014.07.04 2014가합201687

건물명도

Text

1. The defendant shall be the plaintiff.

A. Attached 2 Map 1, 2, and 2 among the 333.16 square meters and 333.16 square meters of the 1st floor of a building listed in attached Table 1 and the 2nd floor of a building.

Reasons

1. Facts of recognition;

A. On May 22, 2013, the Plaintiff concluded a lease deposit with respect to the remainder 273.835 square meters (hereinafter “instant warehouse”) excluding the portion at which 59.325 square meters was connected in sequence, among the buildings listed in the attached Table 1 (hereinafter “instant building”), 33.16 square meters on the 1st floor and 2nd 333.16 square meters on May 25, 2013 among the buildings listed in the attached Table 1 (hereinafter “instant building”) with the Defendant, the Plaintiff concluded a lease contract with respect to the 33.16 square meters on the 1st 2nd 333.16th 2nd 2nd 333.16 square meters on the 1st 4th 2013th 205 square meters on the 5th 273.325th m2013 from May 25, 2013 to May 25, 2014”).

B. On February 25, 2013, the Plaintiff received KRW 40 million from the Defendant and delivered the instant warehouse to the Defendant on the same day.

C. The Defendant paid only two-month rent to the Plaintiff by July 25, 2013, and without paying the rent thereafter, occupies and uses the warehouse of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of the whole pleadings

2. Determination on the cause of the claim

A. On July 25, 2013, the fact that the Defendant did not pay the rent stipulated in the instant lease agreement after July 25, 2013 is as seen above. Since the fact that the copy of the instant complaint containing an expression of intent to terminate the lease agreement on the grounds of delinquency in rent for more than two years is apparent in the record that it was served on the Defendant on April 7, 2014, the instant lease agreement was lawfully terminated and terminated, and the Defendant is obligated to deliver the instant warehouse to the Plaintiff, barring any special circumstances.

B. Also, the Defendant occupies and uses the instant warehouse even after the termination of the instant lease agreement, and thus, from July 25, 2013, the Defendant paid the last rent to the date the delivery of the instant warehouse is completed.