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(영문) 서울남부지방법원 2017.01.12 2016가단32456
건물인도 및 차임 청구
Text

1. The defendant shall be the plaintiff.

(a) Category 1, 2, 3, 4, and 1, respectively, among the five floors of the building listed in the separate sheet.

Reasons

1. On December 6, 2012, the Plaintiff’s determination as to the cause of the claim (hereinafter “instant real estate”) leased a deposit of 20 million won, monthly rent of 1380,000 won, and two years from December 21, 2012, the Defendant is recognized to have delayed payment of rent from November 22, 2014 to the Defendant from the date on which: (a) the attached drawing indication 1, 2, 3, 4, 4, and 10.96 square meters inboard (hereinafter “instant real estate”) among the five floors of the building was successively connected to each point of (501).

The fact that the Defendant started to delay the rent from November 22, 2014 is as seen earlier. As such, as of the time of the instant lawsuit (on August 12, 2016), the Defendant’s delayed payment exceeded three times more, and the fact that the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement was delivered to the Defendant on August 25, 2016 is apparent in the record, thereby, the instant lease agreement was lawfully terminated.

The Defendant is obligated to deliver the instant real estate to the Plaintiff and pay 1,380,000 won per month from November 22, 2014 to the completion of the delivery of the said building.

As to this, the defendant made a claim for repayment, but there is no evidence to acknowledge it, to the effect that he paid part of the rent.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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