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(영문) 서울중앙지방법원 2016.03.25 2015가단54774

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver real estate indicated in the annexed real estate;

(b) KRW 8,120,000 and July 2015.

Reasons

1. On May 9, 201, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 3,00,000, monthly rent of KRW 250,000, and the lease term of KRW 12 months (hereinafter “instant lease agreement”) with regard to the real estate indicated on the attached real estate (hereinafter “instant store”), and thereafter, the instant lease agreement was implicitly renewed.

The Defendant did not pay the rent under the instant lease agreement to the Plaintiff, and the duplicate of the instant complaint containing the Plaintiff’s declaration of termination regarding the instant lease agreement on July 22, 2015 was served on the Defendant on the grounds of the Defendant’s delinquency in the payment of rent for at least three occasions. The unpaid rent as of July 21, 2015 is KRW 8,120,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the reasoning of the judgment on the cause of the claim, the instant lease agreement was lawfully terminated on July 22, 2015 according to the Plaintiff’s declaration of termination on the ground of the Defendant’s delinquency in payment of rent.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff, and pay the Plaintiff the amount equivalent to KRW 8,120,000 for the unpaid rent as of July 21, 2015 and the amount equivalent to KRW 250,000 for monthly rent from July 22, 2015 to the completion date of the delivery.

3. citing the Plaintiff’s claim for conclusion