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(영문) 서울동부지방법원 2019.05.02 2018가단128389
건물명도(인도)
Text

1. The defendant

A. Of the indicated real estate in the attached Form 6, 7, 10, 11, and 6, the indication of drawings in the attached Form 6, 7, 10, 11

Reasons

1. Facts of recognition;

A. The Plaintiff purchased real estate indicated on January 10, 2018 from D, the former owner, and completed the registration of ownership transfer on May 15, 2018. The Defendant is a person who occupies the portion of 36.3 square meters in the ship (a) connected with each point of 6, 7, 10, 11, and 6 in sequence among the above real estate (hereinafter “instant store”).

B. On March 7, 2016, the Defendant entered into a lease agreement with D to lease the instant store by setting the rental deposit of KRW 13,000,000, monthly rent of KRW 1,320,00 (including additional tax) and from March 31, 2016 to March 30, 2018 (hereinafter “instant lease agreement”). The Defendant agreed to automatically invalidate the instant lease agreement and immediately return the leased object when the lessee delays the payment of rent at least twice.

(Article 9). (b) of the Real Estate Lease Contract.

From March 31, 2016, the Defendant paid the lease deposit to D, and began to possess and use the instant store from March 31, 2016, and the instant store was occupied even after the expiration of the term of the instant lease agreement, and the Defendant did not pay KRW 1,320,000 (including additional tax) monthly rent from February 28, 2018.

The plaintiff 2018

7. 18. A notice stating the termination of a lease agreement on the grounds of unpaid monthly rent was sent to the Defendant by content-certified mail, and was served to the Defendant around that time, and notified the termination of the lease agreement by delivery of the complaint in the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement is 2018

7. Since the Defendant’s lawfully terminated on the grounds of nonperformance, such as the Defendant’s delay of rent, etc. around 18, the Defendant delivered the instant store to the Plaintiff, the owner of the instant store, the object of lease, and the aggregate of the monthly rent that was unpaid from February 28, 2018 to July 31, 2018, as well as KRW 7,920,00.

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