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(영문) 서울남부지방법원 2018.02.02 2017가단21378
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From September 5, 2017, the amount of KRW 5,400,00 and KRW 5,00.

Reasons

1. The following facts can be acknowledged in full view of the contents of evidence Nos. 1 to No. 3-3 and the purport of the whole pleadings.

On February 25, 2006, Nonparty C leased the real estate listed in the separate sheet (hereinafter the instant real estate) to the Defendant with the lease deposit of KRW 5,000,000, the lease deposit of KRW 5,000, the lease period of KRW 200,000 from March 5, 2006 to March 5, 2007 (hereinafter the instant lease contract), and the instant lease contract was implicitly renewed after the lease period expires.

B. On March 4, 2008, the Plaintiff donated the instant real estate from Nonparty C, and succeeded to the lessor’s status under the instant lease agreement.

C. Even after the instant lease contract is explicitly renewed, the Plaintiff and the Defendant agreed to raise the monthly rent of KRW 300,000 from March 5, 2010.

The Defendant did not pay monthly rent from March 2016, and the Plaintiff terminated the instant lease contract by serving a copy of the instant complaint on the grounds that the Plaintiff was not paid at least twice.

2. If so, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the amount calculated by applying the rate of KRW 5,400,000 per month from March 5, 2016 to September 4, 2017 and the amount calculated by applying the rate of KRW 300,00 per month from September 5, 2017 to September 5, 2017.

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