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(영문) 서울북부지방법원 2016.01.21 2015가단35611
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate indicated in the separate sheet;

B. From August 19, 2015, the same shall apply.

Reasons

Comprehensively taking account of the purport of the entire pleadings in the evidence Nos. 1 and 2, the Plaintiff, the owner of the indicated real estate (hereinafter referred to as “instant real estate”) indicated in the separate sheet, entered into a lease agreement with the Defendant on April 30, 2015, which sets the lease deposit amount of KRW 20 million, monthly rent of KRW 600,000,000, and the lease term from August 1, 2015 to July 31, 2016 (hereinafter referred to as “lease”), and received the down payment of KRW 19,70,000,000,000 as the remainder of the lease deposit, and if it was paid by August 1, 2015, the Plaintiff agreed to terminate the instant lease agreement on the ground that the Plaintiff did not receive the remainder of the lease deposit from the Defendant, as well as that it was not paid from August 19, 2015.

According to the above facts, since the lease contract of this case was lawfully terminated by the delivery of a copy of the complaint of this case containing the declaration of intention of termination, the defendant is obligated to deliver the real estate of this case to the plaintiff in its original state, and to pay the amount equivalent to the rent accrued from August 19, 2015 to the completion of delivery of the real estate of this case, or the amount equivalent to the rent accrued from the use of the house of this case without any legal cause after the termination of the lease contract by the defendant.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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