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(영문) 서울동부지방법원 2019.05.16 2018가단16493
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and deliver the said real estate from January 3, 2019.

Reasons

1. Facts of recognition;

A. On January 2, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease the instant store by setting the lease deposit amount of KRW 2,00,000, monthly rent of KRW 110,000, and from January 3, 2014 to January 2, 2015 (hereinafter “the instant lease agreement”). In the event that the lessee fails to pay rent at least three occasions, the lessor agreed that the lessee may seek the lessee to perform the lease contract within a reasonable period of time or request the lessee to correct the violation of the obligation and the lessee fails to comply therewith within the prescribed period of time.

(Article 10. b) of the Real Estate Lease Contract.

From January 3, 2014, the Defendant paid the lease deposit to the Plaintiff, and began to possess and use the instant store from January 3, 2014, and the contract was renewed even after the expiration of the instant lease contract, and continued to occupy and use the instant store.

C. The instant lease agreement was renewed on a yearly basis. From January 3, 2017, the said agreement was modified to KRW 330,000,000, which was the monthly rent. From December 3, 2017, the said agreement was amended to KRW 440,000, which was the monthly rent.

The Defendant did not pay the monthly rent for at least three months from June 2, 2018, and on September 4, 2018, the Plaintiff notified the Defendant of the termination of the lease contract by serving the instant complaint on the Defendant.

E. Since then, the Defendant paid part of the rent in arrears to the Plaintiff, which was appropriated for the rent in arrears until January 2, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease contract was lawfully terminated on the grounds of the Defendant’s default of obligation, such as the Defendant’s delay of rent, etc. on September 4, 2018, and the Defendant delivers the instant store to the Plaintiff, which is the object of lease, and KRW 40,000 per month from January 3, 2019 to the completion date of delivery of the said real estate.

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