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(영문) 서울동부지방법원 2020.08.21 2020나21277
건물명도(인도)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The fact that: (a) on March 28, 2018, the Plaintiff entered into the instant lease agreement with the Defendant as the lease deposit amount of KRW 2622,00, monthly rent of KRW 220,500, and two years of the lease term (from March 1, 2018 to February 29, 2020); (b) provided that the lessor may cancel or terminate the instant lease agreement if the lessee fails to pay the lease fee for three consecutive months; and (c) upon the termination of the instant lease agreement, the Defendant restored the lease agreement to its original state within one month; and (d) the Defendant did not pay the lease fee for the Plaintiff once again after the conclusion of the instant lease agreement (from March 2018 to December 3, 2018; or (e) did not provide the Defendant with a written notice stating that the lease agreement was overdue or the Plaintiff did not file a lawsuit for delivery by mail; and (e) the Plaintiff did not provide the Defendant with a written notice stating that the lease agreement was terminated to the Defendant.

2. Determination:

A. According to the above facts, the lease contract of this case was lawfully terminated on the grounds of the defendant's continuous delinquency in rent for not less than three months, and the defendant is obligated to deliver the building of this case to the plaintiff, barring special circumstances.

B. The Defendant’s assertion and its determination are without being notified by the Plaintiff of the termination of the instant lease agreement, and the Plaintiff resided in the instant building for not less than 10 years, and the Plaintiff was aware of the Defendant’s mobile phone number and could easily find the Defendant’s location by telephone or text.

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