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(영문) 서울남부지방법원 2019.09.24 2019가단213317
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, and 1.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 6, 8, and 10 (including the number of branch numbers), the plaintiff has leased real estate listed in the separate sheet to the defendant as the lease deposit amounting to KRW 5,000,00,00 from July 6, 2018 to July 5, 2020, and KRW 500,000 from July 6, 2018. The defendant has not paid all public charges, such as monthly rent and electricity rent, water supply, and gas charge from November 2018.

As long as the instant complaint seeking the delivery of the leased object reaches the Defendant on the grounds of the delinquency in the payment of rent for at least two years by the Defendant, the above lease contract was lawfully terminated. As such, the Defendant is obligated to deliver the leased object to the Plaintiff and pay to the Plaintiff the rent at the rate of KRW 500,000 per month from November 7, 2018 to the completion date of delivery of the leased object.

Although the defendant asserts that the plaintiff abused the status of lessor and provided the defendant with the reason that he did not pay monthly rent for at least two months by causing substantial and psychological damage, the defendant's assertion cannot justify the failure to pay monthly rent on the sole ground of the defendant's assertion, and thus the defendant's argument is rejected.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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