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(영문) 서울북부지방법원 2016.05.19 2015가단45885

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 October 25, 2012, the Plaintiff entered into a lease agreement with the Defendant to lease an apartment as indicated in the separate sheet (hereinafter “instant apartment”), which is owned by the Plaintiff (hereinafter “instant apartment”), with the content that the apartment is leased to the Defendant during the period from November 1, 2012 to October 31, 2014, the Plaintiff may terminate the said lease agreement, and the Defendant agreed to restore the leased housing to its original state within one month when the lease agreement is terminated.

B. However, the Defendant delayed payment of rent from July 2013, and on May 20, 2014, the Plaintiff sent to the Defendant a content-certified mail stating that “As the instant lease agreement was terminated as of May 1, 2014, the Plaintiff sent to the Plaintiff by May 31, 2014,” and the content-certified mail reached the Defendant around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of 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.