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(영문) 서울중앙지방법원 2018.04.03 2017가단85451
소유권에 기한 건물명도등 청구의 소
Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the separate sheet, each point of the separate sheet Nos. 1, 2, 9, 8, and 1 is followed.

Reasons

1. Facts of recognition;

A. On April 20, 2017, the Plaintiff leased approximately KRW 33 square meters of the portion (A) in the ship (hereinafter “instant building”) connected with each point of the attached Form No. 1, 2, 8, 9, and 1 among the buildings listed in the attached Table among the buildings listed in the attached Table to the Defendant by setting the lease deposit of KRW 10 million, monthly rent of KRW 700,000 (payment on May 1, 201), monthly management expenses, KRW 50,000,000,000 from May 1, 2017 to April 30, 2018.

(hereinafter “instant lease agreement”). B.

According to the instant lease agreement, if the Defendant did not pay the monthly rent at the second time, the lessor may terminate the lease agreement.

(Article 4 of the Lease Contract).

The defendant, April 11, 2017, KRW 2 million, and the same year to the plaintiff.

4. 20. 20. Payment of 2 million won in balance, and the same year.

5. 1. The remainder of the security deposit was paid KRW 6 million and the aggregate of the monthly rent and management expenses, but the rent and management expenses was not paid at all from June 2017 to June 2017.

On September 5, 2017, the Plaintiff notified the Defendant of his/her intention to terminate the lease agreement if the overdue rent, etc. is not paid by September 15, 2017 by mail certified as of September 5, 2017. The notification is given in the same month.

6. The defendant was served.

E. However, the Defendant did not pay the Plaintiff the overdue charge by March 6, 2018.

[Reasons for Recognition] Articles 208(3)2 and 150(3) (self-consceptive) of the Civil Procedure Act

2. Determination as to the cause of claim

A. According to the above facts as to the claim for extradition, the instant lease agreement was lawfully terminated on September 16, 2017, which was the day following the date of the final request for payment by the Plaintiff’s notice of termination of the contract on September 5, 2017, based on the delay in rent for at least two years of the Defendant.

Thus, the defendant is obligated to deliver the building part of this case to the plaintiff as the restoration following the termination of the lease contract of this case.

B. According to the above facts of recognition as to the claim for rent, etc., the defendant shall be the plaintiff.

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