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(영문) 서울중앙지방법원 2015.02.05 2014가단89872
건물명도
Text

1. From February 26, 2014 to February 26, 2014, the Defendant shall draw up a drawing among the second floor of the building indicated in the attached list from the Plaintiff.

Reasons

1. Facts of recognition;

가. 원고는 2013. 4. 22. 피고에게 원고 소유의 별지 목록 기재 건물 2층 중 별지 도면 표시 ①, ②, ③, ④, ⑤, ⑥, ⑦, ①의 각 점을 차례로 연결한 선내 ㈎부분 66㎡(이하 ‘이 사건 건물 부분’이라 한다)를 임차보증금 30,000,000원, 월차임 1,100,000원, 관리비 50,000원, 임대차기간 2013. 5. 26.부터 2015. 5. 25.로 정하여 임대하였다

(hereinafter “instant lease agreement”). B.

Around that time, the Defendant paid KRW 20,000,000 to the Plaintiff out of the above lease deposit, and the remainder of the lease deposit KRW 10,000,000 shall be paid until July 19, 2013. If it is violated, the Defendant additionally bears the rent of KRW 100,000 for each month, and the Plaintiff did not pay the remainder of the lease deposit to the present day.

C. According to the terms and conditions of the instant lease agreement, the Plaintiff may terminate the instant lease agreement in a case where the Defendant fails to pay the monthly rent for at least two consecutive months.

However, the Defendant did not pay the Plaintiff the monthly rent from October 2013. Accordingly, the Plaintiff urged the Defendant to pay the unpaid rent, etc. on March 24, 2014. On April 9, 2014, the Plaintiff sent the content-certified mail demanding the termination of the instant lease agreement and the delivery of the instant building portion. The said written document reached the Defendant around that time.

E. After that, the Defendant paid to the Plaintiff the monthly rent up to February 25, 2014.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 (including paper numbers), and the purport of the whole pleadings

2. According to the facts found in the judgment on the cause of the claim, the instant lease agreement was lawfully terminated, barring any special circumstance, and accordingly, the Defendant, as sought by the Plaintiff, from 20,000,000 to 20,000,000, the deposit for lease on a deposit basis, to 1,250,000 each month from February 26, 2014 to the completion of delivery of the part of the instant building.

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