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(영문) 서울남부지방법원 2016.08.19 2015가단64968
건물인도 등
Text

1. The defendant shall be the plaintiff.

A. At the same time, the Plaintiff received KRW 60,000,000 from the Plaintiff, real estate listed in the attached Table.

Reasons

1. Facts of recognition;

A. On February 25, 2015, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff, setting the lease deposit amount of KRW 60 million for the instant real estate, from February 25, 2015 to February 24, 2017; and KRW 7 million for the period from February 25, 2015 to September 24, 2015 and KRW 8 million for the period from September 25, 2015 to February 24, 2017 (hereinafter “instant lease agreement”); and the Defendant paid the Plaintiff the lease deposit of KRW 60 million for the instant lease agreement.

B. At the time of the instant lease agreement, the Plaintiff and the Defendant agreed that the lessor may terminate the lease immediately when the lessee’s delayed delayed amount reaches two terms, and the lessee shall recover the instant real estate and return it to the lessor upon termination of the instant lease agreement.

C. The Defendant operated a child-care center in the instant real estate. The Defendant did not pay KRW 4 million among the seven million rent for July 2015, KRW 7 million for August 2015, KRW 7 million for each of September 2015, KRW 34 million for each of October 2015, and KRW 8 million for each of November 2015.

On November 4, 2015, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract will be terminated on the grounds of the delinquency of rent for at least two years, and the said certificate of content reaches the Defendant on November 6, 2015.

E. After obtaining the aforementioned content certification, the Defendant paid the Plaintiff the rent or unjust enrichment equivalent to the rent from July 31, 2016, including the said unpaid rent.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. The allegations and judgment of the parties

A. According to the above facts, the instant lease agreement reaches the Defendant on November 6, 2015, with the content that contains the Plaintiff’s declaration of termination of the instant lease agreement on the grounds of the Defendant’s delinquency in paying two or more rents.

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