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(영문) 서울중앙지방법원 2019.07.19 2018가단5215353
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver one story 58.22 square meters of real estate listed in the attached list;

B. From October 1, 2018, the same shall apply.

Reasons

1. Determination on the cause of the claim

A. In full view of the facts that there is no dispute between the parties, as well as the overall purport of the statements and arguments in Gap evidence Nos. 1 and 2, the plaintiff, on February 1, 2017, determined and leased the lease deposit amount of KRW 30 million for the first floor of 58.22 square meters of buildings listed in the attached Table (hereinafter "the leased part") to the defendant on February 1, 2017, KRW 190 million for the rent month (excluding cleaning expenses, KRW 60,000 of parking expenses, KRW 80,000 of parking expenses, and value-added tax), and the period from February 1, 2017 to May 22, 2021 (hereinafter "the lease of this case"). ② The defendant continues to engage in the business related to the lease of this case with the trade name "C" from around that time to May 1, 201, and ③ the fact that the defendant is in arrears from the date of the lawsuit of this case ( October 23, 2018).

According to the above facts, the lease of this case was lawfully terminated by delivering a copy of the complaint of this case containing the Plaintiff’s intention to terminate the lease contract on the grounds of rent delay for at least three years of the Defendant (the service date on October 23, 2018).

B. Meanwhile, in full view of the facts without any dispute between the parties, as well as the entries in the evidence Nos. 1, 2, and 6 and the purport of the entire pleadings, the Defendant may recognize the fact that the Defendant paid the Plaintiff the sum of KRW 1,5610,00,00,00,000, including the overdue charge, from November 25, 2018 to January 24, 2019, from March 1, 2018 to September 30, 2018.

C. Therefore, the Defendant is obligated to deliver the leased portion of this case to the Plaintiff and pay KRW 2,230,000 each month from October 1, 2018 to the delivery date of the leased portion of this case.

(2) On March 1, 2018 to September 30, 2018, the Plaintiff’s assertion that the Defendant did not pay KRW 9.80,00,00 among overdue rent, etc. from March 1, 2018 to September 30, 2018 is without merit).

A. The Defendant asserted that the termination of the lease of this case is unfair, but the lease of this case is based on the following grounds: (a) the Defendant paid all overdue rent, etc. from March 1, 2018 to September 30, 2018 claimed by the Plaintiff.

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