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(영문) 서울남부지방법원 2016.07.05 2015가단58611
건물인도등
Text

1. The Defendant (Counterclaim Plaintiff) building from KRW 15,00,000 to KRW 15,000 from the Plaintiff (Counterclaim Defendant) as indicated in the attached Table from March 24, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 8, 2010, the network C entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 15,00,000, KRW 1,200,000 per month, monthly rent of KRW 1,20,000 (value added tax), and KRW 40,000 per month of management expenses (hereinafter “instant lease agreement”).

B. As the network C dies on January 25, 2012, the Plaintiff, D, E, and F completed the registration of ownership transfer for each of 1/4 shares due to inheritance due to the consultation and division on July 27, 2012.

C. The instant lease contract was implicitly renewed and extended until March 23, 2016. During the said lease period, the Defendant was in arrears for the portion of June 201, September 2011, portion of November 201, portion of January 201, portion of January 2012, portion of April 2012, and portion of June 14, 2012. On October 14, 2015, the Plaintiff notified the Defendant of the termination of the instant lease by mail with the content-proof that the instant lease was terminated on the grounds that the Defendant was in arrears at least three occasions, and on the same grounds, the Plaintiff expressed his/her intention to terminate the instant lease by delivery of a duplicate of the complaint. The copy of the complaint of this case reached the Defendant on November 19, 2015.

On the other hand, the defendant paid all the above six-year arrears around October 2015, but the rent from March 24, 2016 is not paid.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. According to the above facts, the instant lease agreement was explicitly renewed, and the Plaintiff’s declaration of intention to terminate the contract was delivered to the Defendant on November 19, 2015, on the grounds of the Defendant’s delinquency in paying two or more rents at latest, and thus, was lawfully terminated at that time or on March 23, 2016.

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