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(영문) 서울중앙지방법원 2014.12.30 2014나47657
건물명도등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim: (a) on August 12, 2012, the Plaintiff and the Defendant leased KRW 10,000,00 for lease deposit, monthly rent of KRW 60,00,00, monthly management fee of KRW 37,000 to the Defendant on the following grounds: (b) on the second floor of the building indicated in the separate sheet owned by the Plaintiff, the Plaintiff may immediately terminate the lease agreement if the monthly overdue interest of the Plaintiff and the Defendant reaches the monthly rent of KRW 2,00,000; (b) on the other hand, the other party may be notified in writing and the contract may be rescinded; (c) from September 17, 2012 to September 16, 2014; and (d) on the other hand, the Defendant appears to have not paid rent of KRW 2,00,000 for the following reasons: (a) on the ground that the Plaintiff’s repayment of rent of KRW 30,000,00 by the Plaintiff and the other party may not pay the rent of KRW 14.

According to the above facts, since the above lease contract was lawfully terminated, the defendant is obligated to deliver the real estate of this case to the plaintiff, barring any special circumstances, and pay the amount calculated at the rate of KRW 637,00 per month from May 17, 2013 to the completion date of delivery of the real estate of this case (i.e., monthly rent of KRW 600,000).

2. As to the judgment on the Defendant’s assertion, the Defendant need to repair the boiler and two sides of the instant real estate due to the breakdown.

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