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(영문) 서울남부지방법원 2018.12.04 2018가단16953

건물명도등

Text

1. The defendant

A. Among the buildings listed in the separate sheet, each point of Annex A, 2, 9, 00, 1, and 1.

Reasons

1. Facts of recognition;

A. On October 13, 2017, the Defendant: (a) leased to the Defendant KRW 20,000, monthly rent of KRW 1,250,000, deposit money, KRW 20,000, monthly rent of KRW 1,250,000 from October 16, 2017 to October 15, 2019; and (b) the Defendant did not pay monthly rent.

B. The Plaintiff terminated the said lease contract by the instant lawsuit on the grounds of the foregoing monthly arrears.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleadings

2. According to the above facts of recognition, since the lease contract of this case was terminated on the grounds of the defendant's delinquency in monthly rent, the defendant is obligated to order the plaintiff to question the building of this case and pay the plaintiff the overdue rent that the plaintiff seeks.

The defendant asserts that he wishes to recover the time facility and the premium, but if the lease contract is terminated due to the lessee's default, the lessee may not have the right to purchase the attached object pursuant to Article 646 of the Civil Act (see Supreme Court Decision 88Da7245,7252, Jan. 23, 1990). According to the proviso of Article 10-4 (1) and Article 10 (1) 1 of the Commercial Building Lease Protection Act, "if the lessee has been in arrears with the amount equivalent to the rent for the three period period," the opportunity to recover the premium is not protected. Thus, the defendant's argument is without merit.

3. citing the Plaintiff’s claim for conclusion