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(영문) 서울북부지방법원 2017.04.04 2016가단41071

건물명도

Text

1. The defendant shall be the plaintiff.

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

B. 3,200,000 won and November 4, 2016

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate listed in the attached list, and on December 8, 2015, the Plaintiff leased the land of the above real estate (hereinafter “instant store”) to the Defendant by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 800,000 (payment on the fourth day of each month), and the lease period from January 4, 2016 to January 4, 2018.

(hereinafter “instant lease”). B.

The Defendant paid the monthly rent to the Plaintiff by June 4, 2016, and did not pay the rent any longer.

C. On November 17, 2016, the Plaintiff sent to the Defendant a letter-proof post stating that the Plaintiff will proceed with compensation for damages and legal litigation without any answer. The Plaintiff sent to the Defendant a letter-proof post stating that the Plaintiff would have paid KRW 3.2 million in arrears until the date of default to another place.

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

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, around November 2016, the Defendant’s delayed amount of rent under the instant lease agreement exceeds three months. The Plaintiff may terminate the instant lease agreement pursuant to Article 10-8 of the Commercial Building Lease Protection Act.

Meanwhile, the above content-certified mail sent by the Plaintiff to the Defendant is presumed to have arrived at the Defendant around that time, and the Defendant recognized that the Defendant did not pay the Plaintiff the overdue rent and rent. Thus, the instant lease agreement was terminated on November 2016.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff and pay the overdue rent of KRW 3.2 million (the overdue rent of KRW 4, 2016, August 4, 2016; KRW 800,000,000 for each of October 4, 2016) and the overdue rent of KRW 8.8 million for each month from November 4, 2016 to November 3, 2016.

B. The Defendant alleged that the Defendant’s assertion is the purpose of the lease agreement due to defects in water leakage, etc.