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(영문) 서울서부지방법원 2016.11.29 2016가단25075
건물명도
Text

1. The Defendant ordered the Plaintiff to order the first floor of the real estate indicated in the attached list, and the first day of each month from October 25, 2016 to the savedo.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the attached list (hereinafter “instant real estate”). On September 19, 2012, the Plaintiff leased the instant real estate first floor to the Defendant by setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 1,300,000 (in addition to surtax, payment on the 25th of each month), and the lease period of KRW 1 year.

(hereinafter “instant lease agreement”). B.

From October 2015 to October 1, 2015, the instant lease agreement was explicitly renewed, and the monthly rent was increased by KRW 1,650,000 (Additional Tax) by agreement between the Plaintiff and the Defendant.

C. Before the above increase in the rent, the Defendant had been in arrears with monthly rent under the instant lease agreement and sent several proof that the Plaintiff terminated the instant lease agreement, and even after the increase in rent, the Defendant continued to pay the rent in arrears, and on December 16, 2015, the Plaintiff sent to the Defendant a certificate that the instant lease agreement was terminated on the ground that the payment in arrears (11,380,000 won) between nine months was overdue (11,380,000 won).

(Plaintiffs, even after December 23, 2015, and July 4, 2016, sent a certificate of contents to Plaintiff (hereinafter “Plaintiff”). D.

Before and after the filing of the instant lawsuit, the Defendant paid all the amount equivalent to the overdue charge to the Plaintiff until October 24, 2016, based on the time of the closing of argument in the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 1 (including provisional number), the purport of whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was terminated by the Plaintiff’s declaration of intention on December 16, 2015 due to the Defendant’s delinquency in rent, and thus, the Defendant is obligated to order the Plaintiff to the first floor of the instant real estate, and pay to the Plaintiff the amount equivalent to the monthly rent from October 25, 2016 to October 25, 201, with the amount of money equal to KRW 1,650,000 per month.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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