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(영문) 서울북부지방법원 2015.11.03 2015가단16368

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. On November 12, 1996, the Plaintiff entered into a lease agreement with the Defendant on real estate listed in the separate sheet (hereinafter “instant real estate”) and renewed the lease agreement every two years on December 13, 2010, and agreed on the lease deposit amount of KRW 3,30,00, monthly rent of KRW 106,220, contract period of KRW 106,220, and from January 1, 2013 to December 31, 2014 (hereinafter “instant lease agreement”). The Plaintiff and the Defendant agreed that the lease agreement may be terminated if the Defendant did not pay the lease agreement for at least three consecutive months (Article 10(1)4 of the Agreement), and the Defendant agreed that the lease agreement shall be deemed to include the Plaintiff’s remaining lease agreement between KRW 10,30,00,00, monthly rent of KRW 106,220,000, and the Defendant shall also be deemed to include the Plaintiff’s remaining lease agreement between KRW 105,5,205,5, and 18.15.25.

According to the above facts, since the lease contract of this case was lawfully terminated, the defendant is obligated to deliver the real estate of this case to the plaintiff unless there are special circumstances.

2. On April 15, 2014, the Defendant asserted that the instant real estate was flooded due to the Singingler fever, and the household appliances were broken out, but the Plaintiff did not repair it properly. As such, the Plaintiff, a lessor, did not fulfill his/her duty to repair and repair, the Defendant did not have any obligation to pay the rent to the Defendant, and thus, the Plaintiff cannot comply with the instant claim.