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(영문) 서울북부지방법원 2018.01.16 2017가단11169
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Category 1, 2, 3, 4, and 1, respectively, on the ground floor of the buildings listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On April 15, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant for the lease deposit of KRW 5 million, monthly rent of KRW 300,000,00, and from April 16, 2011 to April 16, 2013, with respect to the area of the land of the building listed in the attached list as follows: (a) specifications 1, 2, 3, 4, 4, and 27,000 square meters (hereinafter “instant building”).

The Defendant paid the lease deposit to the Plaintiff, and received the delivery of the instant building on April 16, 201.

B. On July 27, 2015, the Plaintiff and the Defendant agreed to reduce the monthly rent from August 2015 to KRW 2.50,000.

C. The Defendant did not pay KRW 3,300,000,000 for one time in 2012, six times in 2013, and four monthly rents in July 2015. Of the monthly rents from August 2015, the Defendant decided to reduce KRW 250,000, two times in 2015, and 1,250,000 in total for three months in 2016. The monthly rents in 2017 were not paid once.

On May 22, 2017, a copy of the complaint of this case, including the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of a rent-free delay, was served on the Defendant.

The defendant currently uses and benefits from the building of this case.

[Ground of recognition] Facts without dispute, Gap's 1 to 4, 6, 7 evidence, Eul's 1 to 4 (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated on May 22, 2017 by a duplicate of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the ground of the Defendant’s delay of rent. Thus, the Defendant is obligated to deliver the instant building to the Plaintiff.

In addition, by August 16, 2017, the monthly amount of KRW 6,550,00 (3.3 million +1.255 million + KRW 2 million until August 16, 2017) of the Defendant is 6,50,000.

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