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(영문) 서울중앙지방법원 2017.09.26 2016가단142586
건물명도 등
Text

1. The Defendants points out of the buildings listed in the separate sheet to the Plaintiff each point of indication 1, 2, 6, 7, 13, 12, and 1 of the separate sheet.

Reasons

1. Facts of recognition;

A. On June 13, 201, the Plaintiff and Defendant B entered into a lease agreement with the owner of the building listed in the attached list for the lease of KRW 5.62,00,00,000,000,000 for the lease deposit, monthly rent, and the lease period from July 20, 201 to July 19, 201 (hereinafter “instant lease agreement”). According to Article 4 of the said agreement, if the lessee fails to pay rent more than twice continuously, the lessor may terminate the said lease agreement without delay.

B. After that, the instant lease contract was implicitly renewed, and Defendant B had Defendant C, who is an ASEAN, directly occupy and use the instant building, and he was indirectly occupying the said building. Defendant B did not delay that it was two or more times consecutively.

C. Accordingly, around August 9, 2016, the Plaintiff terminated the instant lease agreement to the Defendants on the grounds of the foregoing delinquency in rent.

8. By 31., the instant building was notified to the effect that it would be handed over.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. According to the facts found earlier, the instant lease was terminated on the ground of the Defendant B’s delinquency in rent.

Therefore, the defendants are obligated to deliver the above building to the plaintiff who is a lessor and owner of the building of this case.

3. The plaintiff's claim against the defendants is with merit, and it is so decided as per Disposition.

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