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(영문) 서울중앙지방법원 2019.04.04 2018가단5212262
건물명도(인도)
Text

1. The defendant shall deliver the plaintiff the 1st floor E of the multi-household household unit on the ground of Gangnam-gu Seoul Metropolitan Government D.

2. The defendant.

Reasons

1. Basic facts

A. On August 5, 2016, the Defendant entered into a contract with the Plaintiff on the lease deposit of KRW 10,000,000, monthly rent of KRW 1,000,000, and the term of existence from August 31, 2016 to August 30, 2017 (hereinafter “instant lease contract”). On August 31, 2016, the Defendant was handed over the instant building from the Plaintiff.

The main contents of the instant lease agreement are as follows.

The instant lease agreement

2. Where the lessee under Article 4 of the terms and conditions of the contract has failed to pay the rent more than twice continuously, or violates Article 3, the lessor may terminate the lease contract of this case without delay;

[Matters of special agreement] 50,000 won separate (electric and gas separate) water rate of KRW 10,000

B. From September 1, 2017, the Defendant did not pay that monthly rent to the Plaintiff from September 1, 2017, and possessed and used the instant building.

C. On August 20, 2018, the Plaintiff sent to the Defendant a certificate of content that “The Defendant is the monthly rent for about 12 months,” and thus, upon cancelling the instant lease agreement pursuant to Article 4 of the instant lease agreement, the Plaintiff issued to the Defendant a certificate to the effect that “The instant building is subject to an order to surrender the instant building until September 30, 2018.”

The above content certification was served on the defendant on August 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts acknowledged in the above Paragraph 1, since the Defendant was in arrears with a monthly rent of not less than two months, the Plaintiff, a lessor, may terminate the instant lease agreement pursuant to Article 4 of the instant lease agreement.

Therefore, the instant lease agreement was lawfully terminated around August 2018, which included the Plaintiff’s expression of intent to terminate, and was served on August 20, 2018 on the Defendant.

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

(b) owned by another person;

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