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(영문) 서울동부지방법원 2016.03.29 2015가단44886
건물명도
Text

1. The Defendant, from February 25, 2015 to February 25, 2015, shall draw up a drawing among the second floor of the building indicated in the separate sheet from the Plaintiff.

Reasons

1. The following facts as to the cause of the claim do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 and 4.

On May 22, 2014, the Plaintiff leased the real estate stated in the Disposition No. 1 (hereinafter “instant real estate”) to the Defendant by setting the lease deposit of KRW 10 million, monthly rent of KRW 850,000,000, and the term of lease from June 5, 2014 to June 24, 2016.

B. The Defendant did not pay the monthly rent from February 25, 2015.

C. On November 26, 2015, a copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the lease agreement on the grounds of the Defendant’s delinquency in rent was served on the Defendant.

According to the above facts, since the lease between the plaintiff and the defendant was terminated on the grounds that the lease between the plaintiff and the defendant was terminated on two or more occasions, the defendant is obligated to deliver the real estate of this case at the same time with the payment of the remaining money calculated by deducting the amount calculated by the ratio of KRW 10 million from the deposit of KRW 10 million to the deposit of KRW 850,000 from February 25, 2015 to the delivery date of the

2. The defendant's defense was defense that the defendant paid a total of KRW 2.5 million monthly rent for three months around June 2015, but no evidence was submitted to acknowledge that the above money was appropriated for overdue rent after February 25, 2015. Thus, the above defense is without merit.

3. Conclusion, the plaintiff's claim of this case is justified and acceptable.

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