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(영문) 청주지방법원 2015.08.12 2015가단106202

건물명도

Text

1. The defendant shall be the plaintiff.

A. Of the building 135.51 square meters on the second floor in the attached list, indication 1, 3, 4, 5, 6, 7, 8, 2, 2.

Reasons

I. Description of the claim

1. On October 4, 2013, the Plaintiff and the Defendant entered into a lease agreement with respect to the lease deposit of approximately 40 square meters on the part inside a ship (hereinafter “instant leased building”) (hereinafter “instant leased building”) which connects each point of the attached Form 1, 3, 4, 5, 6, 7, 8, 2, and 1 among the buildings of 135.51 square meters on the second floor listed in the attached Table list, with the lease deposit of about 3,00,000 square meters, monthly rent of KRW 40,000, and the lease period of KRW 400,000,000, October 4, 2013.

2. The term of lease expires on October 3, 2014 when the Defendant’s nonperformance of obligation and the termination of the lease agreement, but the housing lease contract for the instant leased building was legally renewed due to the relationship between the parties without any separate indication of termination.

However, the Defendant began to delay the rent from November 4, 2014. Accordingly, on April 27, 2015, the Plaintiff notified the Plaintiff of the fact that the rent payment and the delivery of the building in arrears had been delayed pursuant to Article 640 of the Civil Act, along with the indication of the intention to terminate the lease contract for the instant leased building. The content certification reached the Defendant on April 28, 2015.

3. On May 31, 2015, the Defendant notified the delivery of the building and the termination of the lease contract for the claim for rent, agreed to deliver the building of this case by no later than May 31, 2015, but the rent is still overdue.

Accordingly, under Article 213 of the Civil Act, the Plaintiff, as the owner, sought the delivery of the leased building of this case to the Defendant, and sought payment of the amount calculated by applying the rate of KRW 400,000 per month from November 4, 2014 to the completion date of the delivery of the leased building of this case.

II. Article 208(3)1 and Article 257 of the Civil Procedure Act