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(영문) 서울중앙지방법원 2015.11.20 2015가단5067546
건물명도
Text

1. The defendant shall deliver to the plaintiff the building indicating the attached real estate.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Determination as to the cause of claim

A. (1) On January 10, 2012, the Plaintiff leased to the Defendant a building indicating the attached real estate (hereinafter “instant building”) with a lease deposit of KRW 30 million, monthly rent of KRW 2.2 million, and the lease period from the date of the contract to January 10, 2014. On January 10, 2014, the lease period was extended by January 10, 2016.

(2) After paying the lease deposit to the Plaintiff, the Defendant occupied and used the instant building until now after being delivered with the instant building, but did not pay the monthly rent up to seven minutes until February 2015.

On February 23, 2015, the Plaintiff notified the Defendant of the termination of the contract on the ground that the rent has not been paid.

[Ground] Evidence Nos. 1 through 3 and the purport of the whole pleading

B. According to the above facts of recognition, the instant lease agreement was terminated by the Plaintiff’s notice of termination on February 23, 2015, on the ground of the Defendant’s delinquency in rent.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

2. Conclusion, the Plaintiff’s claim of this case is accepted as reasonable.

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