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(영문) 서울북부지방법원 2016.05.26 2015가단27184
건물명도
Text

1. The Defendant, from April 30, 2015, transfers real estate in the separate sheet from KRW 10,000 to KRW 10,000 from the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. (1) On May 20, 2010, the Plaintiff leased the instant building owned by the Plaintiff to the Defendant by setting the lease deposit amount of KRW 10 million, KRW 650,000 per month, KRW 650,000 per month, from May 31, 2010 to May 31, 2011.

(2) The Defendant continued to use the instant building even after the lease period stipulated under the instant lease agreement has expired, and the rent is not paid after April 30, 2015.

(3) The Plaintiff, from March 2, 2015 to March 2, 2015, declared the Defendant to terminate the instant lease agreement on the grounds of the termination of the lease agreement, and on the grounds of the Defendant’s delinquency in rent through a preparatory document dated November 2, 2015, and each of the said declarations reached the Defendant around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 6 (including branch numbers), the purport of the whole pleadings

B. (1) According to the above facts, the instant lease agreement was terminated by the Plaintiff’s declaration of intention to terminate the contract for reasons of the expiration of the lease term and the Defendant’s delinquency in rent, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the amount calculated by the Defendant’s interest rate of KRW 650,000 per month from April 30, 2015 to the completion date of delivery of the instant building.

(2) In addition, the Plaintiff sought payment of money calculated at the rate of KRW 35,00 per month from April 30, 2015 to the completion date of delivery of the instant building. Accordingly, according to the health class, the Plaintiff was paid KRW 35,000 (the amount under the notification form is the amount distributed to each user of the building including the Defendant) at the time of the instant lease agreement.

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