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(영문) 의정부지방법원 2015.12.18 2015가단106493

건물명도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. As to the building listed in the separate sheet (hereinafter “instant building”) with the Defendant, the Plaintiff entered into a lease agreement with the Defendant that the Plaintiff may terminate the instant lease agreement (hereinafter “instant lease agreement”) by setting the lease deposit of KRW 19,567,00 per month, KRW 206,130 per month, and the lease term from October 1, 2014 to September 30, 2016, on condition that the Plaintiff, a lessee, may terminate the instant lease agreement when the Defendant, as the lessee, delayed payment for more than three consecutive months (hereinafter “instant lease”).

B. The Defendant did not pay the rent from December 2, 2014 to February 2, 2015.

C. The Plaintiff expressed his/her intent to terminate the instant lease agreement by serving a duplicate of the instant complaint on the Defendant on the grounds of delinquency in rent for more than three months.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. According to the above facts of recognition, the lease contract of this case terminated by the plaintiff's declaration of legitimate termination on the ground of the defendant's delinquency in rent, and thus, the defendant is obligated to deliver the building of this case to the plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.