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(영문) 인천지방법원부천지원 2015.11.12 2014가단26967
건물명도
Text

1. From 24,559,940 won to 24,59,940 won, the Defendant shall have from August 1, 2015 to 1 to 5 floors among the buildings listed in the separate sheet.

Reasons

1. Basic facts

A. On February 29, 2012, the Plaintiff leased the first and fifth floors (hereinafter “instant real estate”) among the buildings listed in the attached list to the Defendant, with a lease deposit of KRW 40,000,000, monthly rent of KRW 5,000,000 (payment on May 5), and the lease period of KRW 2 years specified.

(hereinafter referred to as "the instant lease agreement". (b)

The special terms and conditions of the instant lease agreement stipulate that “the rent for three months due to the interior works shall be deferred, and the elevator maintenance and repair shall be performed on the side of the hospital.”

C. Around that time, the Defendant has taken over the instant real estate and possessed it up to now.

On May 13, 2014, the Plaintiff sent to the Defendant a content-certified mail stating that the instant lease agreement will be terminated upon the expiration of the period, and around that time, the said content-certified mail reaches the Defendant.

E. On July 8, 2014, the Plaintiff filed the instant lawsuit against the Defendant on the ground that the instant contract was terminated due to the expiration of the period or the delinquency in rent, and around July 16, 2014, a duplicate of the instant complaint stating the foregoing details was served on the Defendant.

F. Around August 28, 2014, the Defendant paid all the overdue rent to the Plaintiff on October 2013, 11th portion of the same year, May 2014, and June 28th of the same year. Around August 2014, the Defendant paid all the amount equivalent to the monthly rent up to July 2015.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 15 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the instant lease agreement was implicitly renewed on February 28, 2014, when the contract expires.

On May 13, 2014, the Plaintiff terminated the instant lease contract by means of content-certified mail, and notified that the instant lease contract will be terminated on the grounds that the service of a duplicate of the complaint of this case would be more than two years in arrears.

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