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(영문) 서울남부지방법원 2020.03.04 2019가단7635

건물명도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On December 21, 2017, the Plaintiff leased real estate listed in the attached list (hereinafter “instant apartment”) to the Defendant as KRW 21,870,00,000, monthly rent of KRW 284,90, and KRW 284,90.

(2) Article 10 of the General Conditions of the instant contract provides that the Plaintiff may terminate the instant contract in a case where the Defendant fails to pay the rent for at least three consecutive months.

B. On July 13, 2018, the Defendant delayed payment of monthly rent for at least three months as of July 13, 2018, and the Plaintiff notified the Defendant that the instant contract was terminated on the ground of the monthly overdue rent.

【Ground of recognition】 The fact that there is no dispute, Gap's evidence Nos. 1-4, the purport of the whole pleadings

2. According to the facts of finding the judgment, since the contract of this case was lawfully terminated by the plaintiff's notice of termination, the defendant is obligated to deliver the apartment of this case to the plaintiff.

The Defendant asserted to the effect that there exists a reason to consider the delinquency in rent, inasmuch as the instant apartment, which is a temporary relocation for the development of E conducted by the Plaintiff while residing in Gangnam-gu Seoul Gangnam-gu D', was a temporary relocation for the development of E, and the development was delayed, unlike the original plan.

However, even if there are such circumstances as alleged above, it cannot be deemed that the Plaintiff is not allowed to terminate the contract of this case, and no other evidence exists to prove that there exists any reason to oppose the Plaintiff’s claim for delivery.

The defendant's argument is without merit.

3. The plaintiff's claim for conclusion is reasonable, and it is so accepted as per Disposition.