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(영문) 서울남부지방법원 2015.04.30 2014가단60846
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Attached drawings (1), (2), (3), (4), (5), (6), and (1) of the real estate listed in the Attached List;

Reasons

1. Facts of recognition;

A. On October 16, 2007, the Plaintiff entered into a lease agreement with the Defendant on a deposit of KRW 5 million, monthly rent of KRW 400,00 (excluding public charges), and from November 4, 2007 to 24 months (hereinafter “instant lease agreement”) with regard to the portion of KRW 39.6 square meters in the ship connected each point, among the real estate listed in the separate sheet, as indicated in the separate sheet, among the real estate indicated in the separate sheet, the Plaintiff received KRW 5 million from the Defendant and delivered the instant building. The instant lease agreement was implicitly renewed, and the Defendant uses and benefits from the instant building until now.

B. The Defendant delayed the payment of monthly rent and public charges, as shown in the attached Table, and the sum of the monthly rent and public charges up to March 2015 (i.e., KRW 7,910,00,000 for five months in 2008 and KRW 2,230,000 for five months in 2010 and KRW 4,60,000 for one month in 2012 to March 26, 2015), but according to the preparatory brief submitted by the Plaintiff on March 26, 2015, the sum of monthly rent and public charges would be KRW 40,000 for the year 208,000 for the year from January 8, 2010, KRW 450 for the year from October 201 to April 4, 2010 for the year from October 26, 2012.

(c).

On October 23, 2014, the Plaintiff sent to the Defendant a certificate of the content that the instant lease contract will be terminated on the grounds of overdue rent, etc., and reached the Defendant around that time.

【Reasons for Recognition】 The descriptions of Evidence Nos. 1, 2, and 4 and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. According to the above facts, the instant lease agreement was lawfully terminated upon the Plaintiff’s notice of termination on October 23, 2014.

Therefore, the Defendant delivered the instant building to the Plaintiff, and the Defendant explicitly stated 2,910,00 won, which deducts deposit KRW 5 million from the total of 7,910,000 in arrears and public charges up to March 2015.

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