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(영문) 서울동부지방법원 2019.08.30 2019가단105291
건물명도(인도)
Text

1. The Defendants are to the Plaintiff:

(a) Of the two-storys of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 4, 3, and 1.

Reasons

1. Facts of recognition;

A. On March 6, 2018, the Plaintiff entered into a lease agreement with Defendant B (hereinafter “instant lease agreement”) with regard to the part (Ga) (a) connected each point of the attached Form No. 1, 2, 4, 3, and 1 among the two floors of the said real estate (hereinafter “instant object”), as the owner of the real estate indicated in the attached Table No. 1, 2, 4, 3, and 1.

Deposit: 20,000,000 won for rent: 2,000,000 won (payment shall be made on March 20: from March 6, 2018 to March 5, 2020: the lessee shall not sublet the object of this case without the consent of the lessor, transfer the right of lease, nor use it for any purpose other than the purpose of the lease.

Article 4: Where a lessee has failed to pay the rent more than twice continuously or has violated Article 3, the lessor may terminate the contract immediately.

B. Defendant B paid the Plaintiff the first two-month rent in accordance with the instant lease agreement, and then did not pay the rent up to the present day.

Defendant B posted the signboard of Defendant C’s incorporated association (hereinafter “Defendant C”) on the subject matter of this case and made it available as Defendant C’s office, and up to now Defendant C has used the subject matter of this case as its office.

C. On December 17, 2018, the Plaintiff sent to Defendant B a content-certified mail stating that “If Defendant B does not pay the unpaid tea by December 31, 2018, it would terminate the instant lease agreement.”

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination

A. According to the allegations and the facts of the above recognition, Defendant B did not pay the rent on more than two occasions, and Defendant B did not perform it, but the fact that the copy of the complaint of this case containing the Plaintiff’s declaration of termination of the instant lease agreement was clearly delivered to Defendant B. Thus, the instant lease agreement is concluded in the record.

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