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(영문) 서울중앙지방법원 2016.11.14 2015가단5398462
건물명도
Text

1. The Plaintiff:

A. Defendant (Appointed Party) B shall deliver the buildings listed in the separate sheet.

B. Defendant (Appointed Party).

Reasons

1. Basic facts

A. (1) On March 2, 2012, the Plaintiff and the Defendant (Appointed Party; hereinafter “Defendant”) drafted a lease agreement (Evidence 2-1) stating that “The lessor may terminate this Agreement immediately if the lessee fails to pay rent more than three times or violates Article 3, with respect to the real estate listed in the separate sheet (hereinafter “instant building”) on March 2, 2012, KRW 30,000, monthly rent of KRW 1,500,000 (excluding value-added tax; hereinafter the same shall apply) and the lease period from April 9, 2012 to April 8, 2014; and the lease agreement (Evidence 2-1) stipulated that “The lessor may terminate this Agreement immediately if the lessee fails to pay rent at least three times or violates Article 3.”

(F) The first lease contract of this case was terminated on the ground of rent delay for more than three years.

(2) On June 16, 2014, the Plaintiff and the Appointed C drafted a lease agreement (Evidence 2-2) with the effect that the lease deposit amount of KRW 30,000,000 for the instant building, KRW 1,500,00 for the monthly rent, and KRW 1,500 for the period from June 16, 2014 to June 16, 2015 for the period from June 16, 2015.

(3) When the two lease contract of this case was terminated due to the lessee’s reasons on the part of the lessee, the Plaintiff and the designated parties: (a) on February 4, 2015, the lease deposit amount of KRW 30,000,000; (b) monthly rent of KRW 1,50,000; and (c) from March 4, 2015 to March 4, 2016; and (d) on March 4, 2016, the lessor may terminate this contract when the lessee’s delayed rent of KRW 2,00 or violates Article 3.”

(hereinafter referred to as “instant three lease contract”). B.

(1) Defendant B did not pay KRW 5,335,00 to the Plaintiff for the term of lease under the instant one lease agreement.

(2) The Selection C is subject to the instant two lease agreement.

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