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(영문) 서울중앙지방법원 2015.12.16 2015가단5225953
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Of the first floor of the building listed in the separate sheet, each point is indicated in the separate sheet No. 4, 5, 14, 15, and 4;

Reasons

1. Facts of recognition;

A. Around 2008, the Plaintiff leased to the Defendant a deposit of KRW 5 million on June 25, 2014, KRW 500,000, KRW 500,000 for rent, and the lease period from July 2014 to July 19, 2016, the part (A) part (hereinafter referred to as “instant store”) connected each point in the order of indicated in the attached Form Nos. 4, 5, 14, 15, and 4 among the first floor of the building listed in the attached Form No. 1 to the Defendant.

(hereinafter “instant lease agreement”). B.

Around April 20, 2015, while the Defendant paid the instant store and operated the beauty art room, he transferred the beauty art room business site to another place by leaving some strings, such as shocks, etc. in the said store.

C. As the Defendant did not pay the rent from April 20, 2015, the Plaintiff sent a content-certified mail to the Defendant on July 6, 2015, and requested that the instant lease be terminated due to the Defendant’s failure to pay rent for at least three months, and the said content-certified mail was served on the Defendant on July 7, 2015.

On October 30, 2015, the Plaintiff deposited 3.2 million won as the cause of the deposit with the Defendant as the principal deposit. “The Plaintiff deposited 3.2 million won as the cause of the deposit, deducting the overdue rent of 1.8 million won from March 20, 2015 to July 7, 2015, from the overdue rent of 5 million won from March 20, 2015.”

[Ground of recognition] Facts without dispute, Gap 1 through 7, 10, 13, 15, 16, purport of the whole pleadings

2. Determination as to the cause of claim

A. The instant lease agreement was lawfully terminated on July 7, 2015, based on the notice of termination given by the Plaintiff on the grounds of the Defendant’s delinquency in rent for at least three months. Since the Plaintiff paid the remainder of KRW 3.2 million after deducting the overdue rent from the lease deposit on October 30, 2015, the Defendant is obligated to deliver the instant store to the Plaintiff.

B. The Plaintiff’s claim that the Plaintiff was obligated to compensate for damages equivalent to the monthly rent had already provided performance for the return of the deposit for lease.

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