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(영문) 서울중앙지방법원 2018.06.22 2017가단5123976
건물명도(인도)
Text

1. The defendant

(a) deliver the real estate listed in the separate sheet;

(b) KRW 30,500,000 and this shall apply thereto.

Reasons

1. Facts of recognition;

A. On January 31, 2015, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as follows: (a) KRW 50 million per month; (b) KRW 50 million per month; (c) the period from February 23, 2015 to February 23, 2017 (hereinafter “instant lease agreement”); (c) the instant lease agreement can not change the structure or use of the instant real estate without the Plaintiff’s consent; (d) the Defendant is obliged to immediately order the lease at the time of termination or termination of the lease agreement; and (e) the Defendant is obliged to restore the leased real estate at its own expense to the Plaintiff upon termination of the contract under Article 9(1); and (e) the Defendant is obliged to recover the leased real estate at its own expense and return the real estate to the Plaintiff at its own expense; and (e) the Defendant is obliged to pay the full amount of damages to the Plaintiff each month if the Defendant paid monthly rent to the Plaintiff under Article 15(1).

B. Since then, the instant lease contract was implicitly renewed, but the Defendant did not pay rent from February 23, 2017, and on August 24, 2017, the Plaintiff notified the Defendant that the instant lease contract will be terminated on the grounds of overdue rent, at least two (2) minutes from February 24, 2017, on the ground that the instant lease contract was terminated (hereinafter “instant termination notification”).

C. At present, the Defendant did not pay KRW 70 million in total for 14 months from February 23, 2017 to April 23, 2018 (=5 million won x 14 months).

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

2. Determination as to the cause of action

(a)In the lease of a part of the claim for delivery, building or any other structure, the lessee’s delayed rent shall be two or more rents;

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