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(영문) 서울서부지방법원 2019.12.06 2019가단203630
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 9, 2018, D and E concluded a lease agreement with the Defendant to lease KRW 20,000,000, monthly rent of KRW 1,400,000 (excluding value-added tax), management expenses (excluding value-added tax), monthly rent of KRW 300,00 (excluding value-added tax), and the period from August 9, 2018 to August 8, 2019 (hereinafter “instant lease agreement”).

According to the above lease agreement, if the defendant fails to pay rent, management fee, etc., 5% overdue charge shall be paid.

B. On August 3, 2018, the Plaintiff purchased real estate listed in the separate sheet from D and E, and completed the registration of ownership transfer in its name on November 6, 2018, and succeeded to the status of the said lessor.

C. The Defendant did not pay rent, management expenses, etc. from November 2018, and the sum of overdue rent, management expenses in arrears, expenses for overdue water supply, expenses for overdue water supply, and late payment charges from November 2018 to January 2019 is the sum of KRW 6,20,250 as indicated below.

On February 1, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the delinquency in rent through mobile phone text messages.

E. The Defendant removed from the instant real estate on August 27, 2019.

[Ground of recognition] Facts without dispute, entries or images of Gap evidence 1 through 7 (including branch numbers for those with a branch number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. (1) According to the fact that the instant lease agreement was terminated, the instant lease agreement was lawfully terminated and terminated on February 1, 2019, based on the Defendant’s delinquency in payment of rent. (2) The Plaintiff sought delivery of the instant real estate inasmuch as the Defendant did not return the key to the move-out from the instant real estate on August 27, 2019, on the ground that the Plaintiff did not return the key to the move-out.

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