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(영문) 서울남부지방법원 2017.12.29 2017가단244607
건물명도(인도)
Text

1. From 23,250,000 won to 23,250,000 won, the Defendant is from September 1, 2017 to the completion date of delivery of the building indicated in the attached list.

Reasons

1. Facts of recognition;

A. On May 3, 2016, the Plaintiff entered into a contract with the Defendant on the lease deposit amounting to KRW 45,000,000, monthly rent of KRW 4,500,00 (including value added tax, KRW 4,950,00) for three years.

B. The Defendant paid the security deposit under the above contract, and has been occupying and using the above building until now.

C. However, the Defendant did not pay rent of KRW 22,750,000, which is the sum of KRW 14,850,000 from January 2, 2017 to March 201, and KRW 22,950,00,000, including KRW 4,950,000, and monthly rent for August 31, 2017.

On September 1, 2017, the Plaintiff notified the termination of the lease on the ground of arrears at least three times, and reached the Defendant around that time.

【In the absence of any dispute, Gap No. 1 and No. 2】

2. According to the facts of the determination as to the cause of the claim, since the instant lease contract was lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s default of rent, the Defendant is obligated to receive from the Plaintiff the remainder of money calculated by deducting the amount calculated by the rate of KRW 21,750,000 from September 1, 2017 to September 1, 2017, the amount calculated by deducting the amount calculated by deducting the amount calculated by the Plaintiff’s 21,750,000 won from the overdue rent of KRW 45,750,000 from the lease deposit to August 31, 2017.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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