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(영문) 서울남부지방법원 2014.05.12 2014가단5443
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the second floor of the buildings listed in the annex list, the Annex A, 2, 3, 4, and 1.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of each entry in Gap evidence 1 to 3 (including paper numbers) and all the arguments.

On May 5, 2006, the Plaintiff leased the leased deposit of KRW 10,000,320, monthly rent of KRW 1,200,000, value-added tax of KRW 120,00,00 for monthly rent of KRW 1,20,00 for rent of KRW 1,20,000 for rent of KRW 1,20,00 for rent of KRW 120,00 for rent of rent of KRW 1,20,00 for rent of year, and from May 5, 2006 to May 5, 207, the rental period of which is determined and leased from May 5, 2006 to the second floor of the building listed in the attached list where the Plaintiff and C share 1/2.

(hereinafter referred to as “the lease of this case”) B.

At the time of the lease of this case, the Plaintiff and the Defendant agreed to recognize the right to terminate the lease in cases where the Defendant delays the payment of the rent for at least two months. The Defendant paid only KRW 5,000,000 among the lease deposit of this case, and the amount of KRW 17,440,000 after deducting KRW 5,000 from the lease deposit of this case as of January 5, 2013.

C. On January 8, 2013, the Plaintiff notified the Defendant that the instant leased portion should be transferred by January 20, 2013, if the Plaintiff did not pay the unpaid rent by January 15, 2013 on the ground of the foregoing delay.

2. Comprehensively taking account of the allegations and the above-mentioned facts, while the lease of this case was implicitly renewed even after the expiry of the lease term on May 5, 2007, it shall be deemed that the termination right was established against the Plaintiff on January 8, 2013, depending on the Defendant’s rent for at least two months. The Plaintiff’s notification from January 8, 2013, seeking the delivery of a building, did not pay the unpaid rent until January 15, 2013, includes the Plaintiff’s intent to terminate the lease as of January 20, 2013. Thus, the lease of this case upon the Plaintiff’s notification from January 8, 2013.

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