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(영문) 서울북부지방법원 2017.02.09 2016가단35731
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Appendix 1, 2, 3, 4 and 1, among the first floor of the real estate listed in the separate sheet.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 2, on July 7, 2014, the Plaintiff, among the first floor of the real estate listed in the separate sheet, has leased 20 square meters of the portion inside the ship (hereinafter “instant real estate”) which is 5 million won, monthly rent, 450,000 won, and from January 12, 2014 to January 11, 2016. Meanwhile, the Defendant failed to pay the rent from December 12, 2015, on the ground that the Plaintiff terminated the said lease on the ground that the lease was overdue for at least two years with proof of the content of September 27, 2016, and on the ground that the above content was served on the Defendant.

2. According to the above facts of determination, since the lease contract on the real estate of this case was lawfully terminated by the delivery of the above content certification containing the declaration of intention of termination, the defendant is obligated to deliver the real estate of this case to the plaintiff.

In addition, the Defendant is obligated to pay the Plaintiff the amount equivalent to KRW 10,000 per month from December 12, 2015 to November 11, 201 of the same year (the amount of overdue rent of KRW 4,950,00 from November 12, 2016 to KRW 60,00) - the Defendant’s lease deposit for which the Plaintiff is entitled to deduction, and the amount equivalent to the rent from November 16, 2016 to the time the delivery of the instant real estate is completed, with the amount of money of KRW 4,50,00 per month.

3. Conclusion, the plaintiff's claim of this case is justified.

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