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(영문) 서울남부지방법원 2018.03.28 2017가단27246
건물명도(인도) 등
Text

1. The Defendant shall pay to the Plaintiff KRW 1.1 million each month from March 1, 2018 to the time the delivery of real estate listed in the attached Table is completed.

Reasons

1. Determination on the cause of the claim

A. (1) The Plaintiff, from around October 1981 to September 30, 2017, concluded a lease agreement with the Defendant on September 24, 2015, with the following terms: (a) the lease agreement was continuously renewed since the lease of the real estate listed in the separate sheet (hereinafter “instant real estate”); (b) the lease agreement was concluded between the Defendant and the Defendant as to KRW 20 million; (c) monthly rent of KRW 1 million (in addition to value-added tax; and (d) monthly rent of KRW 30 million; and (e) the lease term was from October 1, 2015 to September 30, 2017 (hereinafter “instant lease agreement”).

At the time of the conclusion of the above lease agreement, the Plaintiff agreed that the above lease agreement may be terminated if the Defendant fails to pay the rent more than twice.

(2) On October 24, 2017, the Plaintiff filed the instant lawsuit against the Defendant seeking real estate name order on the grounds of the Defendant’s delay. A duplicate of the instant complaint containing the purport that the instant lease contract is terminated on the grounds of the Defendant’s delay was served on the Defendant on October 30, 2016.

(3) On October 31, 2017, the day following the day on which the Defendant received a duplicate of the instant complaint, the Defendant paid all the unpaid rent by paying KRW 13.2 million to the Plaintiff, and the subsequent rent was paid in full, and there is no rent unpaid as of the day of closing argument.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 6, the purport of the whole pleadings

B. (1) According to the above facts, the instant lease agreement was lawfully terminated on October 30, 2017 when the duplicate of the complaint of this case was delivered to the Defendant, and thus, the Defendant lost the source of possession right to the instant real estate. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the amount equivalent to the rent of 1.1 million won per month from March 1, 2018 to the completion of delivery of the instant real estate.

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