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(영문) 서울중앙지방법원 2019.10.29 2018가단63557
건물명도 등 청구의 소
Text

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

2. The defendant shall pay 3,600,000 won to the plaintiff and this shall apply.

Reasons

1. Basic facts

A. On December 9, 2016, the Plaintiff entered into a contract with the Defendant for the lease of real estate listed in the separate sheet (hereinafter “instant store”) owned by the Plaintiff, with a deposit of KRW 20 million, KRW 1.2 million per month, KRW 1.2 million per month, and the lease term of KRW 9 million from December 9, 2016 to December 8, 2017 (hereinafter “instant lease contract”). Accordingly, the Defendant occupied and used the instant store.

(B) The instant lease contract was renewed later. (B)

The Defendant did not pay 1.2 million won for the rent of April 2018 (the portion arising from the rent from March 9, 2018 to April 8, 2018; hereinafter the subject period is the same type), 1.2 million won for the rent of September 2018, 1.2 million won for the rent of September 2018, and 3.6 million won for the rent of October 2018.

C. Accordingly, on October 25, 2018, the Plaintiff terminated the instant lease agreement on the grounds of “three-year rent delay, etc.” to the Defendant.

“The post sent content-certified mail containing the content, and at that time the post sent to the Defendant.

On October 30, 2018, the Defendant remitted 3.6 million won in arrears to the Plaintiff on December 3, 2018, and on December 3, 2018, the Defendant did not pay the Plaintiff the rent from January 2019, in addition to the payment of the rent by February 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 7 evidence, Eul evidence 11, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated around October 25, 2018 by the Plaintiff’s declaration of termination on the grounds of at least three rent-free delay.

Therefore, the Defendant, a lessee, is obligated to deliver the instant store to the Plaintiff, the lessor, and 3.6 million won for the unpaid monthly rent for the three-year period sought by the Plaintiff, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from November 22, 2018 to May 31, 2019, which is the day following the delivery date of a copy of the instant complaint.

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