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(영문) 서울동부지방법원 2018.10.26 2018가단1644
건물명도(인도) 등
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. On August 27, 2009, the Plaintiff and the Defendant concluded a lease agreement with respect to the portion indicated in the attached list among the above buildings (hereinafter “the instant rooftop bank”) by setting the lease deposit of KRW 40 million and the lease period from August 31, 2009 to August 30, 201, and the above contract was explicitly renewed.

In 2017, the Defendant’s whereabouts was cut down and contact was cut down, and the instant rooftop bank was left neglected for not less than ten months, and there was an accident where boiler pipes and water supply and drainage facilities were removed in 2017.

The lessee should fulfill the duty of due care as to the preservation of the leased building. The lessee neglected the above duty and caused damages to the Plaintiff. On the ground of the Defendant’s breach of duty, the lease contract is terminated through the delivery of a copy of the complaint of this case on the ground of the Defendant’s breach of duty. The Defendant has the duty to deliver the house room

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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