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(영문) 서울남부지방법원 2019.08.14 2019가단201987

건물명도(인도)

Text

1. The defendant

A. To deliver the real estate listed in the separate sheet to the plaintiffs;

B. From October 3, 2018, the above real estate.

Reasons

1. Facts of recognition;

A. The Plaintiffs and the Defendant concluded a lease agreement with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) in which Plaintiff A owned 6/10 and Plaintiff B owned 4/10 shares from July 3, 2017 to July 3, 2019 (hereinafter “instant lease agreement”), as stipulated under the lease agreement with a deposit deposit of KRW 50,000,000, monthly rent of KRW 3,600,000 (excluding value-added tax), and around that time, the Defendant handed over the instant real estate.

B. On June 12, 2017, the Defendant delayed payment of the rent, and concluded a lease contract with the Plaintiff on June 12, 2017, and later, did not pay the rent after paying the rent for September 2018.

(1) The lessee shall use the leased property without monthly rent until September 3, 2018.

(2) Deposit 50 million won paid at the time of the lease agreement on September 3, 2018 shall be owned by the lessor.

(3) On September 3, 200, the lessee uses the real estate without any deposit, on condition that 3.3 million won (in addition to the value-added tax) per month.

(4) The first monthly payment date of the lessee is October 3, and the next November 3.

(5) The monthly rent payments of the lessee shall be transferred to DB account in one bank.

(6) If the lessee has failed to pay monthly taxes on two consecutive occasions, the lessor may demand the withdrawal of the facility and the return to the original state.

(7) If the tenant has been granted a grace period on one occasion on the pertinent day, the landlord can find out another tenant through the real estate and the Internet.

(8) Management expenses shall be borne by the lessee.

(9) At the time of the agreement above, the lease agreement previously concluded shall be null and void.

C. The Plaintiffs notified the obligation to pay rent around December 2018 and January 2019, and notified the termination of the instant lease by serving a duplicate of the instant complaint.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 6, purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease contract was terminated on January 25, 2019, which was the date of delivery of a copy of the complaint of this case, as the Defendant’s tea delay.

The defendant is therefore the defendant.