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(영문) 의정부지방법원 2017.09.29 2016가단129783
건물명도
Text

1. The defendant shall deliver each real estate listed in the separate sheet to the plaintiffs.

2. The costs of lawsuit shall be borne by the defendant.

Reasons

1. Basic facts

A. On October 12, 2006, the Plaintiffs leased to the Defendant the site and building (hereinafter “instant site and building”) indicated in the attached list (hereinafter “instant building”) as of September 10, 2006 to September 10, 2008, two years from September 10, 2006 to September 10, 2008, lease deposit amounting to KRW 27,000,000, monthly renting KRW 1,60,000, and the date of payment of rent was set as the 10th day of each month.

(hereinafter “instant lease agreement”). B.

The instant lease agreement was implicitly renewed after the expiration of the term, and the Defendant occupied and used the instant site and building until the date of closing argument after the expiration of the said term, and did not pay the rent that occurred from June 2016 to the Plaintiffs, while paying only the rent that occurred until May 2016.

C. Pursuant to Article 10-8 of the Commercial Building Lease Protection Act, a duplicate of the complaint of this case containing the Plaintiffs’ declaration of intent to terminate the instant lease agreement on the grounds of delinquency in rent for at least three years was served on the Defendant on January 18, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 3 (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of claim and the defendant's assertion

A. (1) Determination as to the cause of the claim 1) If the delayed amount of rent of a lessee reaches the amount of three-dimensional rents pursuant to Article 10-8 of the Commercial Building Lease Protection Act, the lessor may terminate the lease. As seen earlier, the Defendant asserted that he/she was paying a rent for at least three months from June 2016, but there is no evidence to acknowledge it (the Defendant asserted that he/she was paying a rent for October 2016, but there is no change in the fact of the rent for at least three-years.

(2) Therefore, the instant lease agreement was lawfully terminated on January 18, 2017, on the ground that the duplicate of the instant complaint containing the Plaintiffs’ declaration of termination on the grounds of the delay of at least three years of rent, and thus, the Defendant deliver the instant site and building to the Plaintiffs.

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