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(영문) 서울중앙지방법원 2016.03.30 2015가단5268394

건물명도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. (i) On April 19, 2014, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on April 23, 2014, stipulating that the lease deposit shall be KRW 10,000,000, monthly rent shall be KRW 800,000, and the lease period shall be from April 23, 2014 to April 22, 2015.

Luxembourg The Defendant delayed the payment of the management expenses from September 2014 and the monthly rent from January 1, 2015, and the Plaintiff notified the Defendant of the termination on July 16, 2015. The above notification reached the Defendant around that time.

The Defendant’s overdue management expenses amounted to KRW 1,661,640 in total as of February 5, 2016, and KRW 10,000 in total from February 23, 2015 to February 7, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, the defendant is obligated to deliver the real estate of this case to the plaintiff unless there are special circumstances.

B. As to this, the Defendant explained before the contract to the Licensed Real Estate Agent C that the Defendant intended to move the instant real estate’s own clothes address. Accordingly, the Plaintiff entered into the instant lease contract with the Plaintiff’s consent that “The lease term under the lease contract is 12 months, but it is still 12 months, and it is possible to report the registration of the instant real estate.” Since the Plaintiff refused the registration of the business, the Plaintiff was unable to obtain compensation due to the Plaintiff’s failure to engage in repair costs due to the breakdown of the business, and the Plaintiff was not paid even if the Plaintiff required to pay the fees. Furthermore, around June 2015, the Plaintiff and C found the Plaintiff’s office as the Defendant’s officetel and the Plaintiff’s door to the Plaintiff’s office and the Plaintiff’s door to the Plaintiff’s house, so that the health is not good due to the Plaintiff’s refusal of the registration of the business, thereby making the Defendant’s medical care.