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(영문) 서울중앙지방법원 2016.09.29 2016가단16243
건물명도 등
Text

1. The defendant,

A. The real estate listed in (1) is handed over to the Plaintiff A, (2) 22,400,000 won, and September 1, 2016.

Reasons

1. Basic facts

A. On July 5, 2014, Plaintiff A entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 80,000,000 for the lease deposit, KRW 8,000,00 for the rent month, and KRW 8,000 for the lease period from August 1, 2014 to August 1, 2016, with the agreement to lease the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate 1”).

(hereinafter “instant lease agreement”). B.

Plaintiff

B entered into a lease agreement with the Defendant on July 5, 2014, stipulating that the two real estate listed in the separate sheet owned by the Plaintiff (hereinafter referred to as “second real estate of this case”) shall be leased KRW 20 million,000,000, monthly rent of KRW 4,000,000 (excluding value-added tax), and the term of lease from August 1, 2014 to August 1, 2016.

(hereinafter “instant lease agreement”). C.

The Defendant opened a limited-type house “D” on delivery of real estate Nos. 1 and 2 from the Plaintiffs, and occupied and used it until now.

From the second half of 2015, the Defendant did not delay the payment of at least one vehicle with respect to the instant lease agreements. From January 31, 2016, the Defendant did not delay two or more vehicles each around January 31, 2016.

E. Accordingly, the Plaintiffs notified the Defendant that the lease contract can be terminated by demanding the Defendant to pay the unpaid rent by sending the proof of content on several occasions, and subsequently, through the instant complaint received on February 5, 2016, the Defendant expressed his/her intent to terminate the instant lease contract on the grounds that the Defendant was in arrears of two or more different occasions, and the said warden was served on the Defendant on February 18, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 (including a serial number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the lease contract of the Plaintiff’s assertion Nos. 1 and 2 was terminated, the Defendant delivered the instant real estate Nos. 1 and 2, and the unpaid rent and rent.

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