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(영문) 서울남부지방법원 2015.08.28 2015나51468
건물명도
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall be the plaintiff and the first floor from among the buildings listed in the attached list 1.

Reasons

1. Basic facts

A. On October 17, 2007, the Plaintiff, the owner of the instant building, entered into a lease agreement with the Defendant to lease the leased portion of this case as KRW 20,000,000, KRW 1,400,000 per each month of rent (payment on October 30), and KRW 24 months from October 27, 2007, with the term of lease fixed.

The Defendant paid the Plaintiff KRW 20,000,000 as the above lease deposit, and operated a child care center under the name of “E” from November 13, 2007 after receiving the lease portion of this case around October 27, 2007.

B. On October 27, 2009, the Plaintiff concluded a lease agreement with the Defendant to lease the instant leased portion of the lease amount of KRW 20,000,000, monthly rent of KRW 1,500,000, and the term of lease from October 27, 2009 to October 27, 2011 (hereinafter “instant lease agreement”).

Since September 2013, the Plaintiff and the Defendant agreed to increase the instant lease contract to KRW 1,80,000 per month.

C. On May 30, 2014, the Plaintiff notified the Defendant that the instant lease contract will be terminated on the grounds of the delinquency of rent for more than two years, and around that time, the said notification reached the Defendant.

The court of first instance rendered a judgment citing the Plaintiff’s claim for delivery of the leased portion of this case, and the Defendant delivered the leased portion of this case to the Plaintiff on January 21, 2015 as provisional execution based on the above judgment.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2, 3, 4-1 and 5-4, Eul evidence 1, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion as to the cause of the claim 1) The Defendant delayed payment of KRW 500,000,000 among the rent for May 201, 201, KRW 200,000 among the rent for May 201, and KRW 7,200,000 among the rent for rent from March 201 to June 2014 (i.e., KRW 1,80,000,000 x 4 months). The instant lease agreement was concluded on June 2014 by the Defendant.

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