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(영문) 서울서부지방법원 2017.12.21 2017가단14140
건물명도(인도)
Text

1. From October 9, 2016 to KRW 52 million, the Defendant shall have the 1st 71.16 square meters of the building indicated in the separate sheet from the Plaintiff.

Reasons

① On August 10, 2015, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 52 million, monthly rent of KRW 2.6 million, and the period from August 10, 2015 to August 9, 2017 with regard to the instant real estate; ② the Defendant did not pay the rent from October 9, 2016 while he/she occupied and used the instant real estate after paying the deposit; ③ the Plaintiff notified the Defendant of the termination of the said lease agreement on the grounds of overdue payment on or around December 9, 2016, may not be recognized as being in dispute between the parties, or in full view of all the arguments stated in the evidence Nos. 1 and 2, the said lease agreement was lawfully terminated by the Plaintiff’s notice of termination.

I would like to say.

Therefore, barring any special circumstance, the Defendant is obligated to receive money from the Plaintiff at the rate of KRW 52 million from the deposit to October 9, 2016 to the delivery date of the instant real estate at the same time to deliver the said real estate to the Plaintiff at the same time, after deducting the rent calculated at the rate of KRW 2.6 million per month from the deposit to the delivery date of the instant real estate.

Therefore, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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