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(영문) 서울중앙지방법원 2017.06.22 2017가단5005184

건물명도(인도)

Text

1. On September 17, 2015, the Defendant received the registration office of the Seoul Central District Court on the real estate stated in the attached list from the Plaintiff.

Reasons

1. The facts below the facts of recognition do not conflict between the parties or may be found in each entry in Gap evidence 1 to 6 (including branch numbers; hereinafter the same shall apply) by reference to the whole purport of the pleadings.

On August 4, 2015, the Plaintiff concluded a lease agreement between the Defendant and the second floor of the Seocho-gu Seoul Metropolitan Government building C (hereinafter “instant real estate”) with respect to KRW 50,00,000, monthly rent of KRW 3,850,000 (including value-added tax), monthly management expenses, KRW 1,190,000, and electricity fee for public use. The lease agreement between August 31, 2015 and August 31, 2017 was concluded between the Plaintiff and the Defendant.

(hereinafter “instant lease agreement”). After doing so, the Defendant completed the registration of establishment of chonsegwon on the instant real estate (hereinafter “registration of establishment of chonsegwon”).

B. From December 2015, the Defendant, a lessee, did not pay rent, management fee, joint electricity fee, etc. to the obligee continuously from around December 2015.

C. Accordingly, the Defendant agreed to terminate the instant lease agreement with the Plaintiff around February 2017, and the Defendant, by February 28, 2017, agreed to order the Plaintiff to surrender the instant real estate until February 28, 2017, and the Defendant agreed to pay the Plaintiff arrears after deducting the deposit from the rent in arrears until February 28, 2017.

Around February 2017, the Defendant delivered the instant real estate to the Plaintiff. As of February 2, 2017, the Defendant’s rent, overdue interest, etc. to be paid to the Plaintiff as of the end of February 2017 reaches KRW 33,218,00 even after deducting the deposit.

2. Determination as to the cause of action

A. According to the above facts, the lease contract of this case was delivered with a copy of the complaint of this case containing the Plaintiff’s declaration of termination on the ground of delinquency in rent, and it was lawfully terminated by agreement between the Plaintiff and the Defendant to terminate the lease contract of this case.

(b)such landlords;