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(영문) 서울북부지방법원 2016.05.12 2015가단51538

건물명도

Text

1. The defendant shall order the plaintiff to write down the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On February 27, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the condition that an apartment as indicated in the attached Table (hereinafter “instant apartment”) owned by the Plaintiff will be leased to the Defendant by setting the lease deposit amount of KRW 8,910,00 per month, rent of KRW 132,40 per month, and the lease term of KRW 132,40 per month, from February 27, 2015 to February 28, 2017 (hereinafter “instant lease agreement”). The Plaintiff may terminate the said lease agreement if the Defendant delayed the payment of rent for at least three consecutive months, and the Defendant agreed to restore the rental housing to its original state and order the Plaintiff within one month.

B. However, the Defendant delayed payment of rent from June 2015, and on September 14, 2015, the Plaintiff sent to the Defendant a content-certified mail stating that “The instant lease agreement was terminated as of September 1, 2015, and thus, the Plaintiff was sent to the Plaintiff by September 30, 2015,” and the content-certified mail reached the Defendant around that time.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including virtual number), and the purport of the whole pleadings

2. According to the facts of the above recognition, since the lease contract of this case was lawfully terminated due to the delayed payment of rent for not less than three months for the defendant, the defendant is obligated to order the plaintiff to order the apartment of this case.

3. Conclusion, the plaintiff's claim is justified and acceptable.