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(영문) 서울남부지방법원 2015.04.07 2014가단55523
건물인도 등
Text

1. The Plaintiff:

A. The defendant receiver leaves the third floor of the building indicated in the attached list; and

B. The defendant (1).

Reasons

1. Facts of recognition;

A. On August 18, 2012, the Plaintiff leased three real estate floors (hereinafter “instant real estate”) indicated in the attached list, owned by the Defendant, with the lease deposit of KRW 15 million, monthly rent of KRW 1100,000 (excluding value-added tax), and the lease period of KRW 100,000,000,000 from September 10, 2012.

(hereinafter referred to as "lease Agreement of this case"). (b)

The Defendant did not pay KRW 20,000 out of the monthly rent until May 9, 2014, and thereafter did not pay the Plaintiff the monthly rent.

C. The instant lease contract was explicitly renewed between the Plaintiff and the Defendant, and the Defendant subleted the instant real estate to the Defendant-owned Intervenor without the Plaintiff’s permission and continued to possess and use the instant real estate on or after October 2014.

The Plaintiff expressed his intention to terminate the instant lease contract on the grounds that the Plaintiff did not pay rent to the instant complaint, and on November 15, 2014, the Plaintiff sent his intention to the Defendant.

【Ground for recognition】 The fact that there is no dispute or is not clearly disputed, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings and arguments

2. Therefore, the instant lease agreement is deemed to have been lawfully terminated and terminated on November 15, 2014 upon the Plaintiff’s notice of termination on the ground of the failure to pay two or more rents, and the Defendant’s multiple intervenors possess the instant real estate without the Plaintiff’s permission, barring any special circumstance, barring any special circumstance, the Defendant is obligated to withdraw the instant real estate from the instant real estate, and the Defendant shall deliver the instant real estate to the Plaintiff, and pay to the Plaintiff a rent of KRW 20,000 from May 10 to May 10, 2014, calculated at the rate of KRW 1210,00 (1.1 million x 1.1) per month from May 10, 2014 to the completion of the delivery of the instant real estate.

3. Accordingly, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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