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(영문) 서울남부지방법원 2018.09.06 2018가단6109
건물명도(인도) 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 19,437,040 and as regards it, 2018.

Reasons

1. Facts of recognition;

A. On October 29, 2015, the Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant building”) and leased the said building to Nonparty D, who operated an individual business entity called “C” on October 29, 2015, with the lease deposit of KRW 20 million, monthly rent of KRW 2 million (excluding the lease deposit of KRW 6,000,000,000,000 from November 6, 2015 to November 6, 2017.

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

The plaintiff and D with the maturity of the former lease agreement were to succeed to the defendant who had been the representative director at the time of the tenant status and enter into a new lease agreement.

Therefore, on November 6, 2017, the Plaintiff and the Defendant concluded a lease agreement with respect to the building in this case as to KRW 20 million, KRW 2.5 million per month, KRW 2.5 million per month, and the term of the lease from November 6, 2017 to November 5, 2018. However, the Defendant agreed to pay KRW 5 million by the end of February 2018, including the additional deposit, KRW 13 million, including the previous overdue rent, and KRW 2 million, KRW 3 million by the end of January 2018.

(hereinafter “instant lease agreement”). C.

However, the defendant did not fully pay rent and management expenses based on the lease contract of this case thereafter.

Accordingly, on February 7, 2018, the Plaintiff sent to the Defendant a notice stating that the above lease contract will be terminated by content-certified mail.

(A) Around that time, he reached the Defendant. (d)

Meanwhile, from November 2017 to March 2018, 2017, management fees that the Defendant did not pay are KRW 2,937,040.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 5, and the purport of the whole pleading

2. Determination as to the cause of action

A. According to the above facts, the lease contract of this case was lawfully terminated by the plaintiff's notice of termination on the ground of the three-year period of rent delay.

(Article 10-8 of the Commercial Building Lease Protection Act). Accordingly, the Defendant delivers the instant building to the Plaintiff, and ② November 2017.

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