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(영문) 서울중앙지방법원 2016.01.27 2015가단127733
부동산명도 등
Text

1. The Plaintiff:

A. The defendant delivers the real estate stated in the annexed sheet, and

B. KRW 45,166,000 and as regards this, August 13, 2015

Reasons

1. Facts of recognition;

A. On August 18, 2009, the Plaintiff leased (hereinafter “instant lease agreement”) real estate listed in the attached Form (hereinafter “instant real estate”) to the Defendant, with the lease deposit amount of KRW 86,00,000, monthly rent of KRW 2,900,000 (excluding value-added tax for management expenses of KRW 424,00 and monthly rent of KRW 424,00), and with the lease term of KRW 1, 209 from September 11, 2009 to September 1, 201 (hereinafter “instant lease agreement”).

Article 4 of the instant lease agreement provides, “If a lessee has failed to pay a rent more than twice continuously, the lessor may cancel the instant lease agreement without delay.”

B. While the Plaintiff and the Defendant implicitly renewed the instant lease after the expiration of the said lease term, the Defendant began to delay two or more monthly rents from June 2012, and the Plaintiff notified the Defendant on July 8, 2014 that the instant lease contract was terminated on the grounds of delayed rent for seven months.

C. On the other hand, as of June 30, 2015, the monthly rent, management fee, and value added tax on monthly rent, which the Defendant delayed to the Plaintiff, is 45,16,00 won in total.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination on July 8, 2014, on the ground of rent delay at least twice the Defendant’s two occasions.

Therefore, the Defendant’s transfer of the instant real estate to the Plaintiff, and as the Plaintiff seeks, KRW 45,166,00 in total, including the overdue rent or unjust enrichment equivalent to the overdue rent, etc. prior to June 30, 2015, the record reveals that the date following the delivery of the copy of the instant complaint to the Defendant is the next day from August 13, 2015 to September 30, 2015, the statutory interest rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is as prescribed by the Addenda 26553, Sept. 25, 2015.

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