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(영문) 서울동부지방법원 2018.11.09 2018가단9068
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 July 6, 2015, the Plaintiff entered into a lease agreement with the Defendant for the term of KRW 8,060,000, monthly rent of KRW 106,300, and September 30, 2017 with regard to the real estate listed in the separate sheet (hereinafter “instant apartment”). Among them, the terms and conditions of the lease agreement termination and renewal are as follows.

3. Term of lease under Article 1 (Lease Deposit, Rent and Term of Lease): The contract shall be concluded on a two-year basis, only when there is no reason falling under Article 10 of the General Conditions of the contract, and it shall be concluded on the last day of the month after the lapse of the period of designation of occupancy, including the first date of occupancy.

Article 10 (Cancellation and Termination of Lease Contracts) (1) Where a lessee commits any of the following acts, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:

4. Where the rent is in arrears for at least three consecutive months;

8. Where he/she fails to conclude a life expectancy or a renewal contract even though the lease contract period has expired;

9. Where he violates the obligations under this lease contract.

4. Article 1 (Renewal of Lease Contract) (1) A lessor may renew a lease contract on a two-year basis with a lessee who maintains the requirements for occupancy of a rental house.

In such cases, the lessee shall accept the terms and conditions of lease, rent, etc. determined by the lessor and notify the lessor of the intention to renew the lease one month prior to the expiration of the lease.

B. The Defendant paid the above lease deposit to the Plaintiff, and occupied the instant apartment on August 13, 2015, and resided until the closing date of pleadings.

C. The Plaintiff urged the Defendant to pay the management expenses (17 minutes as of September 30, 2017) in arrears several times at the expiration of the instant lease contract, and to conclude a renewal contract. However, the Defendant did not comply therewith.

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