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(영문) 서울중앙지방법원 2016.02.04 2015가단113048

건물명도

Text

1. The defendant delivers the building indicated in the attached list to the plaintiff, and each month from November 1, 2015 to the completion of the above delivery.

Reasons

According to the facts that there is no dispute between the parties, and evidence Nos. 1 through 6, C entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on October 30, 2014 with respect to the buildings listed in the separate sheet between October 30, 2014 and October 30, 2015, which is set forth in the lease deposit deposit amounting to 50,000,000, monthly rent of 4,000,000 (value-added tax separate) (hereinafter “value-added tax”). Accordingly, the Defendant occupied the building listed in the separate sheet up until December 24, 2014, but the Plaintiff succeeded to the lessor’s status under the instant lease agreement by acquiring the ownership of the building listed in the separate sheet as of December 24, 2014. At the time of the instant lease agreement, both parties were entitled to terminate the lease agreement if a lessee fails to pay the rent on more than two occasions, and the Defendant already notified the Plaintiff on May 21, 2015.

Therefore, following the termination of the instant lease agreement due to the overdue delay, the Defendant is obligated to deliver the building indicated in the attached list to the Plaintiff and pay the amount calculated by the ratio of KRW 4.4 million per month from November 1, 2015 to the completion of the said delivery (including value-added tax).

Since all of the plaintiff's claims are justified, they are accepted.