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(영문) 서울중앙지방법원 2015.09.17 2014가단189949
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 3, 4, 5, 6, and 3.

Reasons

1. On November 7, 2007, the Plaintiff leased 50 square meters of the portion (A) in the ship (hereinafter “instant house”) 50 square meters in sequence, among the real estate listed in the attached list, to C [the real estate monthly rent contract (A4) is indicated D, but the seal attached to the name is C], 3,4,5,6, and 3, in order to connect each point, among the real estate listed in the attached list, as KRW 5,00,000, and the period from November 24, 2007 to November 23, 2009, 450,000 won in the monthly rent.

(hereinafter “instant lease agreement”). The instant lease agreement stipulates that a lessor may terminate the lease agreement if the lessee fails to pay the lease amount to the lessee for the second period.

C On November 24, 2007, the Plaintiff received the instant house from the Plaintiff, and the Defendant occupied the instant house after approximately six months thereafter, and was living together with C along with C.

As C was in arrears with the monthly rent, the Plaintiff deducted the monthly rent from the total amount of the deposit to the late payment of KRW 500,000, and instead paid the monthly rent of KRW 500,000. Since July 23, 2011, the Plaintiff sent to C a certificate of the content that the instant lease contract was terminated on the ground of the overdue rent of at least two years. The above content certification reached C around that time.

After that, C continued to reside in the instant house on December 2012, 2012, and the Defendant occupied the instant house until now.

From July 24, 201 to August 23, 2014, the Plaintiff was paid KRW 18,500,000 (= KRW 500,000 x 37 months) out of KRW 4,700,00 ( KRW 3,200,000 on August 14, 2013; KRW 1,50,000 on November 29, 2013; KRW 240,000 on the water supply charge in 2014 (=20,000 x 12 months) and KRW 20,000 on the cleaning contribution in 2014.

【Ground of recognition】 The fact that there is no dispute, A4, 5, 6, and the purport of the whole pleading

2. Determination

A. According to the above findings of determination as to the cause of the claim, the instant lease contract is implied after the expiration of the period.

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