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(영문) 서울중앙지방법원 2018.04.11 2017가단78422

건물명도 등 청구의 소

Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and the said real estate from May 1, 2017.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence 1 and 2 together with the whole purport of the pleadings.

On February 6, 2017, the Plaintiff shall pay to the Defendant the lease deposit amount of KRW 20,000,000, monthly rent of KRW 2,000,000 as well as by account transfer on February 6, 2017; however, the rent shall be paid by account transfer on February 31, 201.

2. From 28.28. to 22 days, a special agreement was made to provide that user fees shall be free of charge, and the term of lease was respectively set on February 28, 2019 from the date of delivery and leased (hereinafter “instant lease agreement”).

In Article 4 of the instant lease agreement, the lessor agreed that “if the deferred amount of rent exceeds the three-year rent, the lessor may terminate the contract.”

B. The Defendant paid only two-month rent and delayed payment of rent after May 2017. The Plaintiff notified the Defendant that the instant lease contract was terminated on the ground that the Plaintiff did not pay rent for four months around August 25, 2017.

2. According to the above facts of determination, the instant lease agreement was lawfully terminated on the grounds of the Defendant’s default of obligation, such as the Defendant’s delay of rent, etc. on August 25, 2017, barring special circumstances, the Defendant is obligated to deliver to the Plaintiff the real estate indicated in the separate sheet, which is the object of the instant lease, and to pay to the Plaintiff a rent of KRW 2,200,000 per month, including value-added tax, from May 1, 2017 to the date the delivery of the said real estate is completed.

In addition, the plaintiff also sought money at the rate of KRW 300,000 per month as management expenses, but there is no evidence to prove that there was an agreement on the burden and amount of management expenses, such as the plaintiff's assertion, and thus, the argument on this part is rejected.

3. On the judgment of the defendant's assertion, the defendant purchases the real estate stated in the attached list.