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(영문) 서울중앙지방법원 2016.04.07 2015가단156342

건물명도 등

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 29, 2012, the Plaintiff (Lessee) and the real estate listed in the separate sheet (hereinafter “instant building”) entered into a lease agreement with C (hereinafter “instant lease agreement”) with the term of KRW 5,000,000, monthly rent of KRW 450,000, and the term of lease from November 24, 2012 to November 24, 2013 (hereinafter “instant lease agreement”).

B. Defendant B, along with C, occupied the instant building.

C. The instant lease agreement was implicitly renewed, and the monthly rent was agreed at KRW 350,000 from November 24, 2014.

The unpaid monthly rent by August 24, 2015 is KRW 2,800,00.

Accordingly, the Plaintiff terminated the instant lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the above facts, the lease contract of this case was terminated as a tea, and the defendant does not have the right to occupy the building of this case, and the defendant is obligated to order the plaintiff to establish the building of this case.

3. The plaintiff's claim is justified.