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(영문) 서울중앙지방법원 2016.09.09 2016가단5059344

건물명도

Text

1. The defendant

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

B. From 29,563,761 won and July 1, 2016

Reasons

1. Facts of recognition;

A. On April 6, 2015, the Plaintiff: (a) leased the real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant as indicated in the attached list (hereinafter “the instant real estate”); (b) KRW 40,000 for lease deposit; (c) KRW 4,250,00 for monthly rent (excluding value-added tax); (d) monthly management expenses (excluding value-added tax); and (e) monthly rent and management expenses for rent; (c) monthly rent and management expenses shall be paid at the 30th of the month; (d) the period of lease shall be determined from May 1, 2015 to April 30, 2017 (hereinafter “the instant lease”); and (e) handed over the instant real estate to the Defendant.

At the time of the above contract, the plaintiff and the defendant agreed to pay additional charges of 2% per month during the overdue period, if the rent is in arrears for two months after delinquency.

B. The Defendant paid KRW 5,524,270 on July 7, 2015 to the Plaintiff on the pretext of rent, etc. and did not entirely pay the Plaintiff the rent by October 2015.

Accordingly, on October 5, 2015, the Plaintiff sent to the Defendant a written notification stating that the lease contract is terminated on the condition that the Plaintiff will pay the remainder of the overdue rent by October 14, 2015, and the Defendant did not pay the rent by the said deadline even though it received the written notification following that date.

C. In order for the Plaintiff to prepare for a claim for extradition of real estate, the Plaintiff filed an application for provisional disposition prohibiting the possession of real estate, and the Defendant paid the Plaintiff the following money under the pretext of unpaid rent, etc. during the trial proceeding by filing the instant lawsuit.

① On November 6, 2015, KRW 16,335,00 (2) KRW 3.10,000,000 on March 31, 2016: < Amended by Presidential Decree No. 27000, May 17, 2016; Presidential Decree No. 27175, May 24, 2016; Presidential Decree No. 27079, May 24, 2016>

2. Determination:

A. According to the above facts of recognition, the lease of this case was lawfully terminated as of October 15, 2015, after the notice of the Plaintiff’s termination of the lease on the ground of the Defendant’s default of at least three years of rent, upon receipt of the Defendant.

I would like to say.

Therefore, the defendant is against the plaintiff.