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(영문) 서울남부지방법원 2016.11.04 2016가단232621

건물명도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On November 25, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the attached list (hereinafter “instant building”) as KRW 55 million, monthly rent of KRW 5.5 million, and the period from January 1, 2015 to December 31, 2016, with the lease agreement (hereinafter “instant lease agreement”).

B. Around December 27, 2014, the Defendant received the instant building from the delivery, but did not delay payment from the rent of the first month.

From December 27, 2014 to June 26, 2016, the Defendant paid 7,1550,000 won among the rent of KRW 18,90,000 (the monthly rent of KRW 6,050,00,00 including value-added tax x 18 months) and delayed payment of KRW 3,735,00.

The plaintiff and the defendant paid the overdue interest of 2% per month for the overdue rent due to a special contract at the time of lease. The defendant did not pay the overdue interest.

C. As the Plaintiff did not pay a rent for at least six months, the Plaintiff expressed his/her intent to terminate the lease agreement by serving the instant complaint on the Defendant, and the instant warden served the Defendant on July 28, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, whole purport of pleading

2. According to the above facts, the instant lease contract was terminated on July 28, 2016 by the notification of the termination of the contract to the Plaintiff on the ground of the Defendant’s delinquency in rent.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

(2) On October 1, 2016, the Defendant provided that the building was either delivered by the end of the date of reply and the date of pleading, or that the building was in arrears, and stated that the lease contract was to be concluded again with the Plaintiff, but no particular defense was submitted. 3. If so, the Plaintiff’s claim is justified.