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(영문) 서울중앙지방법원 2015.09.04 2014가단240462
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex sheet;

B. From 4.4 million won and December 25, 2014, the same shall apply.

Reasons

1. Deposits for basic facts: 90,000 won (payment on June 25, 2014): From June 25, 2014 to June 25, 2016, termination of the contract: Special clause allowing termination where the amount in arrears of the lessee reaches the amount in two installments of the lease deposit - interest payment (on June 30, 2014: 90,000 won for the lease deposit (on June 25, 2014): 1.1 million won for the total amount of payment on interest 20,000 won for the deposit (on June 25, 2014):

A. On June 14, 2014, the Defendant concluded a lease agreement between the Plaintiff and the Plaintiff to lease the part of the building indicated in the attached list owned by the Plaintiff (hereinafter “instant object”) with the following contents (hereinafter “instant lease agreement”), and around that time, the instant object is handed over and possessed until now.

B. The Defendant did not pay the Plaintiff the deposit up to now, and did not pay the Plaintiff the monthly rent of KRW 1,100,000,000,000 (hereinafter “the instant rent”) in total of KRW 1,100,000,000,000 for monthly interest on the monthly rent of KRW 90,000,000 and KRW 2,000

C. On November 19, 2014, the Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement on the grounds of delinquency for at least two (2) period of the instant rent as the instant complaint. The duplicate of the instant complaint was served to the Defendant on March 12, 2015.

[Grounds for Recognition: Evidence Nos. 1 and 2, and the purport of the whole pleadings]

2. According to the above facts of the judgment as to the cause of the claim, the lease contract of this case was terminated by the plaintiff's declaration of termination on the grounds of the defendant's two or more years of delay in rent, and the cancellation of the contract of this case

Therefore, the Defendant, barring special circumstances, delivers the instant object to the Plaintiff, and delivery of the instant object from August 25, 2014 to February 24, 2014, a total of 4,400,000 won (i.e., the monthly rent of this case x 4 months) from August 25, 2014, which was the date on which the instant rent was delayed due to unpaid rent or considerable damage to the rent of this case (i.e., the delivery of the instant object from December 25, 2014) and the following day.

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