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(영문) 서울중앙지방법원 2016.12.12 2015나70166
건물명도
Text

1. The defendant-Counterclaim plaintiff shall be dismissed in the first instance;

2. The plaintiff (Counterclaim defendant) who has been expanded in the trial of the political party.

Reasons

1. Basic facts

A. On October 1, 2014, the Plaintiff leased to the Defendant all the first and second floors of the building (attached Form 1; hereinafter “instant building”) on the land outside Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter “instant building”).

The main contents of a lease agreement are as follows:

Display of the object of lease: The lease contract shall be automatically terminated if it is not extended by a written agreement by one month prior to the expiration of the lease term from October 1, 2014 to September 30, 2015.

Where this contract is terminated due to the expiration, termination, or any other reason, the plaintiff shall refund the lease deposit to the defendant within 30 days after receiving an order of the lease property.

Provided, That where the defendant's expenses, debts, and debts remain, if restoration to the original state is insufficient, the plaintiff shall refund the balance after deducting the amount.

Where the payment of rent or expenses has been neglected at least twice in total (including cases of non-speeded payment), the other party may terminate this contract without delay.

B. The Defendant delayed the payment of rent from December 31, 2014 to June 30, 2015.

C. On July 31, 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 delay in payment of rent reaches the Defendant.

At present, pursuant to the above lease agreement, the defendant occupied the portion inside the ship, which was successively connected to each point of the attached Form 31, 32, 5, 6, 33, 34, 35, 36, 10, 37, 13, 38, 17, 39, 40, 18, 41, 42, 43, 44, 45, 54, 47, 48, 49, and 31 on the second floor of the building in this case, among the second floor of the building in this case, the part which was successively connected to each point of the attached Form 2 appraisal drawings, 57, 58, 58, 59, 60, 61, 62, 63, 65, 67, 68, 67, 69, 751, 757.

[Ground of recognition] Unsatisfy, in the absence of dispute.

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