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(영문) 수원지방법원 안산지원 2017.02.09 2016가단18760
건물명도 등
Text

1. The Defendants shall indicate, among the 1st floor of the buildings indicated in the attached list, the annexed drawings to the Plaintiff, (1), (2), (3), and (4).

Reasons

1. Facts of recognition;

A. On May 14, 2015, the Plaintiff leased (hereinafter “instant lease agreement”) part of 59.4 square meters in the ship connected each point, among the 1st floor of the building indicated in the attached list owned by the Plaintiff, to Defendant B, under the following conditions (hereinafter “instant lease agreement”), among the 1st floor of the building indicated in the attached list owned by the Plaintiff, the leased object of this case was handed over to Defendant B.

Lease deposit: 1,210,000 monthly rent of KRW 1,200 (including value-added tax, and 15 days after each month): From May 14, 2015 to May 14, 2017

B. From May 14, 2015 to July 14, 2016, Defendant B paid only the monthly rent of KRW 7,310,000 for a total of 14 months and did not pay the monthly rent of KRW 9,630,00 for about eight months.

C. On July 22, 2016, the Plaintiff sent to Defendant B a certificate of content that the instant lease contract is terminated on the grounds of Defendant B’s delinquency in monthly rent.

On the other hand, the leased object of this case is jointly possessed by the Defendants.

【Reasons for Recognition】 Each entry in the evidence Nos. 1 through 3 (including each number), and the purport of the whole pleadings

2. According to the evidence evidence No. 1, where the Plaintiff and Defendant B agreed that, at the time of entering into the instant lease agreement, the lessor may terminate the instant lease agreement (Article 4 of the lease agreement) in the event that the amount of delay in rent reaches the amount of three years of rent, and in full view of the above facts, it is reasonable to view that the instant lease agreement was terminated by the Plaintiff’s notice of termination on the ground of the delinquency in rent for not less than three years of rent.

Therefore, the Defendants are obligated to deliver the leased object of this case to the Plaintiff.

3. Conclusion, the plaintiff's claim of this case is justified.

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