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(영문) 서울중앙지방법원 2015.11.19 2015나30984
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 8, 2012, the Plaintiff entered into a lease agreement with the Defendant to lease an apartment as indicated in the separate sheet (hereinafter “instant apartment”), which is owned by the Plaintiff, to the Defendant (hereinafter “instant apartment”), with the term from January 30, 2013 to March 31, 2015, the Plaintiff may terminate the said lease agreement, and the Defendant agreed to restore the leased housing to its original state within one month and order the Plaintiff to order the Plaintiff within one month when the lease agreement is terminated.

B. The Defendant did not pay rent and management expenses from July 2013. Accordingly, on May 23, 2014, the Plaintiff sent to the Defendant a certificate of content that “as the instant lease was terminated as of April 30, 2014, the Plaintiff sent to the Plaintiff, by June 23, 2014, to the effect that “the instant apartment was clarified,” and the said certificate reached the Defendant around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the facts of the above recognition, since the lease contract of this case was lawfully terminated due to the delay in rent for at least three consecutive months by the defendant, the defendant is obligated to deliver the apartment of this case to the plaintiff.

3. If so, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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