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(영문) 서울중앙지방법원 2018.05.31 2017가단82308

건물명도 등 청구의 소

Text

1. The defendant shall be the plaintiff.

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

(b) from October 16, 2014, KRW 4,157,060 and KRW 16.

Reasons

1. Basic facts

A. On January 6, 2005, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant store”) with a deposit of KRW 1 million, monthly rent of KRW 700,000,000,000, and the delivery deadline of February 10, 2005, and 12 months from the delivery date of the contract term (hereinafter “instant lease agreement”), and thereafter delivered the instant store to the Defendant around that time.

B. The instant lease agreement was implicitly renewed, and the Defendant was in arrears from October 16, 2014 to July 2017, and the management fee of KRW 4,157,060 was not paid until July 2017.

C. Accordingly, on August 30, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the delinquency in rent.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 6, and purport of the whole pleadings

2. Determination:

A. According to the above facts, the instant lease contract was lawfully terminated, barring special circumstances, the Defendant is obligated to order the Plaintiff to leave the instant store and pay the Plaintiff the overdue charge of KRW 4,157,000 and the overdue charge of KRW 700,000,000 calculated from October 16, 2014 to the above order date.

B. As to this, the defendant alleged that he did not have any obligation to respond to the plaintiff's claim since he renounced the right of lease to the store of this case. However, there is no evidence to acknowledge the fact that the defendant renounced the above right of lease to the plaintiff in accordance with due process.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.