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(영문) 서울북부지방법원 2020.10.16 2020가단985
건물명도
Text

1. Defendant B shall be from March 15, 2019 to KRW 60,00,000 from the Plaintiff.

Reasons

1. The following facts are acknowledged as either of the parties' disputes or as a whole by considering the overall purport of the pleadings in each entry in Gap evidence 1 to 5:

A. On February 24, 2018, the Plaintiff entered into a lease agreement with Defendant B (hereinafter “instant apartment”) with the terms that the real estate indicated in the order (hereinafter “instant apartment”) was leased by setting the lease deposit of KRW 60,000,000, monthly rent of KRW 500,000, and the term of lease from March 15, 2018 to March 15, 2020 (hereinafter “instant lease agreement”).

The defendants who are married couple are living together in the apartment of this case.

B. Defendant B paid only monthly rent to the Plaintiff by March 14, 2019.

C. On December 23, 2019, the Plaintiff expressed to Defendant B the intent to terminate the instant lease agreement on the grounds of delinquency in rent for nine months, and the Defendant B received it around that time.

2. According to the above facts, the lease contract of this case was lawfully terminated upon the plaintiff's declaration of intention on the ground of the delinquency in payment of rent for at least two years. As such, the defendant B is obligated to receive from the plaintiff the amount of money obtained from March 15, 2019 the amount of unpaid monthly rent of KRW 500,000 from March 15, 2019 to the date the delivery of the apartment of this case is completed, and at the same time to deliver the apartment of this case to the plaintiff, and the defendant C is obligated to leave the apartment of this case from the above apartment of this case.

3. On the grounds stated above, the Plaintiff’s claim against the Defendants is accepted in entirety.

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