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(영문) 춘천지방법원 원주지원 2018.10.10 2018가단304228
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Basic facts

A. On December 17, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term of KRW 360,000 per month from December 16, 2016 to January 31, 2019, and deposit money of KRW 35,00,00 per month for lease, as to the real estate listed in the separate sheet (hereinafter “instant building”).

(hereinafter “instant lease agreement”). Article 10(1)4 of the instant lease agreement provides that “Where a lessee has failed to pay a rent for at least three consecutive months, the lessor may terminate the instant lease agreement.”

B. The Defendant is living in the Republic of Korea upon delivery of the instant building. From July 6, 2018, the Defendant delayed the rent of KRW 5,669,460 for a total of 15 months or more.

Accordingly, the Plaintiff expressed his/her intent to terminate the instant lease agreement in the instant complaint, and the duplicate of the instant complaint reaches the Defendant on July 18, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of recognition, the instant lease agreement was terminated on July 18, 2018 when the duplicate of the complaint of this case reaches the Defendant, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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