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(영문) 서울서부지방법원 2019.07.24 2019가단202705
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On January 4, 2014, the Defendant leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from C from C to KRW 30 million, monthly rent of KRW 1.4 million, and the lease term from January 10, 2014 to January 9, 2016. In the event of arrears in the payment of rent at least twice, the Defendant determined that the contract may be terminated.

B. On April 27, 2015, the Seoul Western District Court: (a) concluded a contract with the Defendant to extend the lease term of the previous lease agreement by one year until January 20, 2017, which was concluded on December 28, 2015 with the said Defendant, to the effect that the lease term of the previous lease agreement was extended by one year until January 20, 2017.

(hereinafter “instant lease agreement”).

C. On October 1, 2018, after the renewal of the instant lease agreement, the Plaintiff sent to the Defendant a certified mail stating that the instant lease agreement was terminated, on the ground that the Defendant was in arrears with the amount of KRW 10,50,000,000,000,000, which reaches seven months as of October 11, 2018, and reached around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the above recognition, the lease contract of this case was lawfully terminated according to the plaintiff's notice of termination on the ground of delinquency in rent two or more times by the defendant, so the defendant is obligated to deliver the real estate of this case to the plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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