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(영문) 서울서부지방법원 2017.10.25 2017가단217437
건물명도(인도)
Text

1. The defendant is a 136 ground reinforced concrete structure and reinforced concrete structure to the plaintiff in Mapo-gu, Seoul.

Reasons

1. Facts of recognition;

A. The Plaintiff, the owner of the building indicated in paragraph (1) of the Disposition (hereinafter “instant building”) leased the lease deposit amount of KRW 2,500,000,000 from September 1, 2015 to August 31, 202, and the rent of KRW 85,00,000 (excluding value-added tax; hereinafter the same shall apply) from September 1, 2015 to August 31, 202, the Plaintiff, as the owner of the instant building as indicated in paragraph (1) of the Disposition, leased the instant building to the Defendant by leasing the lease deposit of KRW 2,50,00,00 from September 1, 2015 to August 31, 202.

B. In addition to the above lease agreement, the Plaintiff leased 334.69 square meters on July 2, 2015 to the Defendant at KRW 20,000,000 per month on the rent, and leased 334.69 square meters on the ground among the instant building.

(1) The Plaintiff may terminate the lease contract of this case without any peremptory notice when the Defendant fails to pay for at least two months the expenses prescribed by Article 8(1) of the lease contract of this case, including the lease contract of this case and the lease contract of this case.

C. As of May 4, 2017, the Defendant delayed payment of KRW 392,018,202, which is the sum of the rent and management expenses to the Plaintiff, and the Plaintiff was in arrears with the payment of rent exceeding three months on June 1, 2017, and thus, the instant lease contract is terminated in accordance with Article 8(1) of the instant lease contract and Article 10-8 of the Commercial Building Lease Protection Act.

The notice was given to the Defendant at that time, and this was delivered to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including each number), the whole purport of pleading

2. The assertion and judgment

A. Comprehensively taking account of the facts acknowledged by Paragraph 1 as to the cause of the claim, the Defendant, a lessee, has failed to pay the rent in excess of KRW 346,50,00 (=115,50,000 + 115,000,000 + 1.00 + 20,000 + 1.1%) 】 3], and the Plaintiff, a lessor, notified the Defendant, a lessee, of the termination of the lease contract of this case on the grounds thereof.

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