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(영문) 서울서부지방법원 2018.12.12 2018가단13366
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver 99.17 square meters of one story among the real estate listed in the attached list;

(b) from November 1, 2018.

Reasons

1. In full view of the purport of the argument in Gap evidence No. 1, the defendant, on July 31, 2017, leased the lease deposit of KRW 20 million, KRW 20 million monthly rent, KRW 2 million from July 31, 2017, and KRW 20 million from July 31, 2017 to July 31, 2019 (hereinafter “instant lease agreement”); and ② The defendant did not pay the rent from October 31, 2017 to October 31, 2018, and thus, did not pay the rent of KRW 20 million.

2. According to the above findings of determination, it is reasonable to view that the instant lease contract was lawfully terminated on August 31, 2018, when the copy of the instant complaint indicating the Plaintiff’s intention to terminate the contract on the grounds of a rent-free delay was served on the Defendant.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff and pay the rent equivalent to the rent calculated by the ratio of KRW 2 million per month from November 1, 2017 to the day the delivery of the said store is completed, after the lease deposit was deducted as KRW 20 million.

3. It is so decided as per Disposition by admitting the plaintiff's claim.

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