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(영문) 서울남부지방법원 2015.09.18 2015가단11643
건물인도
Text

1. The defendant shall be the plaintiff.

(a) the delivery of Gangseo-gu Seoul Metropolitan Government No. 301 of the third floor of the C building;

B. From July 21, 2015, the foregoing.

Reasons

1. Basic facts

A. On October 30, 2013, the Plaintiff entered into a lease agreement with the Defendant and the third floor of the Gangseo-gu Seoul Metropolitan Government on KRW 9 million (hereinafter “instant housing”) with respect to the lease deposit of KRW 6.1 million, monthly rent of KRW 6.1 million (payment on the second day of each month), and the lease term of KRW 1 million from December 1, 2013 to December 1, 2015, and entered into a special agreement with a monthly rent of KRW 600,000 when deposit of KRW 1 million is made within two months.

(hereinafter “instant lease agreement”). B.

The Defendant moved into the instant house on December 2, 2013, and 560,000 won out of the rent for the portion on January 2, 2014, and the same year to the Plaintiff.

2. On January 19, 2011, the amount of KRW 100,00,000 for the increase of deposit for lease under the foregoing special agreement and the rent of KRW 600,000 for January 201, and thereafter no monthly rent has been paid.

C. As long as the Defendant’s delayed payment of rent continues, the Plaintiff and the Defendant agreed to reduce the monthly rent of KRW 400,000 per month on September 30, 2014 to KRW 600,000 per month, but if the Defendant does not have a director before November 30, 2014, he/she shall receive KRW 600,00 per month as originally. However, the Defendant is residing in the instant housing without paying rent until now.

On March 9, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the monthly rent is unpaid by mail, and was served on the following day to the Defendant.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2 (including additional numbers), the purport of the whole pleadings

2. Determination:

A. According to the facts above, upon the termination of the instant lease agreement, the Defendant delayed payment of rent for at least two months, and on this ground, the Plaintiff’s content certificate, which included the Plaintiff’s declaration of termination of the instant lease agreement, was delivered to the Defendant on March 10, 2015, and the instant lease agreement was lawfully terminated.

As such, the defendant is entitled to deduct the lease deposit, and monthly rent.

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