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(영문) 서울남부지방법원 2016.01.26 2015가단47857
건물인도 등
Text

1. From 45,00,000 to 45,000 won, the Defendant shall from December 1, 2015 to the completion date of the delivery of real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. On October 22, 2012, the Plaintiffs leased the lease deposit amount of KRW 45,00,000,000, monthly rent of KRW 600,000 (payment on January 1, 201, and the lease term of KRW 600,00,00,00 to the Defendant (from November 1, 2012 to October 30, 2014) of Yangcheon-gu Seoul Metropolitan Government D3 Complex Apartment 303, 504 (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). (b)

After the conclusion of the instant lease agreement, the Defendant paid KRW 45,00,000 to the Plaintiffs, and continued to occupy and use the instant real estate until the closing date of the argument in the instant case.

C. The Defendant paid only KRW 10,400,000 out of monthly rent of KRW 16,20,000 (from November 1, 2012 to January 2015, KRW 27 months x KRW 600,00) until around February 10, 2015, and the Plaintiffs notified the Defendant of the intention to terminate the lease contract of this case on the ground of the delayed rent by mail with content-certified mail.

The Defendant paid an amount equivalent to the rent to the Plaintiffs up to November 2015, until the day of the closing of the instant case.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, Gap's 10-1 and 2, and the purport of whole pleadings

2. According to the allegations and the facts of the above finding, the plaintiffs' expression of intent to terminate the lease contract of this case was sent to the defendant by content-certified mail on February 10, 2015, and the above mail was not returned. Thus, it is presumed that the above content-certified mail reached the defendant around that time (see Supreme Court Decision 2000Da20052, Oct. 27, 200). Therefore, it is determined that the lease contract of this case was terminated on the grounds of the defendant's breach of contract (for more than two years), barring any special circumstance, the lease contract of this case was terminated on the grounds of the defendant's breach of contract (for more than two years), as claimed by the plaintiffs, the defendant is the rent calculated at the rate of KRW 45,00,000 from the amount of KRW 45,00 to December 1, 2015 to the completion date of delivery of the real estate of this case.

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