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(영문) 수원지방법원 2016.09.21 2016가단513346
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From April 12, 2016, KRW 3,166,00 and the above.

Reasons

1. Facts of recognition;

A. On November 17, 2011, the Plaintiff leased the real estate indicated in the separate sheet from the Korea Land and Housing Corporation (hereinafter “instant real estate”).

B. On April 12, 2014, the Plaintiff sub-leaseed the instant real estate to the Defendant by setting the period from April 12, 2014 to April 11, 2016 (hereinafter referred to as the “sub-lease contract”), and obtained the consent of the Korea Housing Corporation on the said sub-lease.

C. On February 15, 2016, the Plaintiff notified the Defendant that the instant sub-lease contract was terminated on the grounds of the delinquency of monthly rent for at least three months, and on February 16, 2016, the Defendant notified the Defendant of the termination of the sub-lease contract.

On April 11, 2016, the defendant does not pay the rent of KRW 3,166,00 in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, the sub-lease contract of this case is concluded on February 15, 2016 upon the plaintiff's notice of termination on the grounds of overdue rent of not less than three months for the defendant's three months or more. Accordingly, the defendant is obligated to deliver the real estate of this case to the plaintiff, and to return to the plaintiff the amount calculated at the rate of 3,166,000 won in total from April 11, 2016 to April 12, 2016 and the amount calculated at the rate of 6,50,000 won in monthly rent from April 12, 2016 to the completion date of delivery of the real estate of this case.

Therefore, the plaintiff's claim is justified and accepted.

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