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(영문) 서울동부지방법원 2019.09.24 2019가단1856
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 8 (including the provisional number) as to the cause of the claim and the entire pleadings, the plaintiff, on November 21, 2017, notified the defendant of the termination of the lease contract on the ground of the delinquency in rent, on the ground that the lease contract was concluded with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on November 21, 2017, when the lease contract was concluded for a period of 58,370,000 won, monthly rent of KRW 304,80, and two years for a period of 3 consecutive months or longer. The defendant leased the instant real estate, but did not delay the rent for 3 consecutive months or longer as of September 2018.

According to the above facts, since the lease contract on the real estate of this case was lawfully terminated on the ground of the defendant's delinquency in rent, the defendant is obligated to deliver the real estate of this case to the plaintiff.

2. The defendant's assertion and judgment that the plaintiff's claim is groundless since the total rent to be paid as a result of delay in monetary compensation and development projects prior to C increased, did not appear to be a difference at the level of the claim, but such circumstance alone does not make it difficult to view that there is a justifiable reason for the defendant's delinquency in rent. Thus, the defendant's argument

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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