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(영문) 서울중앙지방법원 2016.08.25 2015가단24254
건물명도
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) indicated the attached Form No. 1, No. 2, on the third floor of the building indicated in the attached Table to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 4, 7, Eul evidence 1 and 2 and the entire purport of the pleadings:

On July 15, 2013, the Plaintiff leased 304 No. 304,00 won, monthly rent 300,000 won (excluding value-added tax), and the lease period from July 15, 2013 to July 14, 2014, among the three floors of the building listed in the separate sheet owned by the Plaintiff to the Defendant, which connect each point of (i), (ii), (iii), (iv), and (i) of the separate sheet listed in the separate sheet owned by the Plaintiff to the Defendant.

(hereinafter referred to as “the instant lease” and “the instant building section”) B.

From May 1, 2014, the defendant did not pay the rent prescribed in the lease of this case.

C. On December 6, 2014, around 00:42, a fire was caused on the second floor of the underground floor of the building listed in the separate sheet.

(hereinafter referred to as “instant fire”) 2. Claim and determination

A. According to the facts of the judgment on the claim of the principal lawsuit, the Defendant did not pay the rent for the lease of this case from May 1, 2014, and on February 5, 2015, the right to terminate the lease contract to the Plaintiff in excess of the amount of rent for a period exceeding two years at the time the Plaintiff filed the instant lawsuit.

Therefore, the lease of this case was terminated because the duplicate of the complaint of this case, including the intention to terminate the lease of this case, was served on the defendant on February 16, 2015, and accordingly, the defendant bears the duty to deliver the building part of this case, which is the object of lease, to the plaintiff.

In addition, since the Defendant did not pay the Plaintiff the rent from May 1, 2014, the Plaintiff is a vehicle calculated at the rate of KRW 330,000 per month from May 1, 2014 to February 16, 2015 (i.e., the agreed rent of KRW 300,000,000 per month from February 16, 2015), and the same shall apply from the next day to the delivery date of the instant building.

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