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(영문) 서울동부지방법원 2018.07.04 2017가단18225

건물명도 등

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1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point of 3, 4, 7, 8, and 3 indicated in the separate sheet is in order.

Reasons

1. Basic facts

A. On May 15, 2014, the Plaintiff entered into a lease agreement with the Defendant on the instant real estate owned by the Plaintiff (hereinafter “instant lease agreement”) and agreed that the lease deposit is KRW 20,000,000, monthly rent of KRW 1,250,000 (excluding rent, additional tax), and KRW 50,000 (excluding rent, additional tax), the lease term is from June 1, 2014 to May 31, 2016, and the lease contract is terminated if the rent is overdue for at least two months.

B. At the time of the termination of the instant lease agreement, the Plaintiff demanded renewal of the lease agreement under the condition that the monthly rent is increased by KRW 50,000, but the Defendant refused renewal of the lease agreement only until the new lessee seeks to use the said real estate.

C. By August 31, 2017, the Defendant delayed payment of KRW 7,150,00 ( KRW 1,430,000 x 5) in total for five months until August 31, 2017. The Defendant occupied the instant real estate and did not pay any subsequent rent thereafter.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion that the defendant shall deliver the real estate of this case to the plaintiff and pay monthly rent to the plaintiff until the delivery, and shall pay overdue rent and delay damages.

3. Determination

A. The fact that the Defendant’s duty to deliver delayed payment of the rent for five months until August 31, 2017, and the termination of the instant lease agreement, and the fact that the period of the instant lease agreement expired is as seen earlier.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff as the instant lease contract was terminated.

B. The Defendant: (a) occupied the instant real estate and delayed payment of rent of KRW 7,150,00 until August 31, 2017; and (b) concluded the instant lease agreement with the Plaintiff and the Defendant to pay rent in arrears, as seen earlier.