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(영문) 서울북부지방법원 2015.08.19 2014가단32912
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. Facts of recognition;

A. On August 8, 1997, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on the attached list, a permanent rental housing owned by the Plaintiff (hereinafter “instant apartment”). On January 28, 2014, the Plaintiff continued to enter into a renewal agreement, setting the rental deposit of KRW 1,970,00, monthly rent of KRW 48,400, and the period of lease of KRW 31, 2015.

B. According to the renewal contract above, the defendant shall pay the management expenses and usage fees by the end of each month as notified by the plaintiff or the management entity designated by the plaintiff (Article 4), and if the defendant fails to pay the rent for at least three consecutive months, the plaintiff may terminate the lease contract.

(Article 10, Paragraph 1, Item 4) is defined.

C. On July 15, 2014, the Defendant’s delayed payment of rent for more than five months, the Plaintiff terminated the lease agreement to the Defendant on July 15, 2014 pursuant to Article 10 of the above lease agreement, but notified the Defendant that the lease agreement would be restored if the rental fee is paid in full, and that the contract would be renewed. Around that time, the notice of termination reached the Defendant.

The defendant paid the rent in arrears to the plaintiff around August 24, 2014, but did not pay the management fee of KRW 1,006,850 for nine months.

E. On June 19, 2015, the Plaintiff notified the Defendant of the termination of the re-lease agreement according to the delinquency in payment of the rent for two months and the management fee for seven months, and the said termination notification reached the Defendant around that time.

F. Since then, the Defendant paid part of the rent and management expenses, however, the Defendant delayed the rent of 195,40 won for four months or more and the management fee of 1,129,220 won for nine months or more at the closing date of the argument in this case.

【Ground for recognition】 The fact that there has been no dispute, Gap 1-9 (including additional numbers), Eul 4-7, the purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, the Defendant’s delayed payment of the rent for at least five months and the lease agreement dated July 15, 2014 is concluded by the Plaintiff.

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