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(영문) 서울중앙지방법원 2016.12.23 2016가단76092
건물명도
Text

1. The defendant has the indication of the attached drawings among the second floor of the building listed in the attached list to the plaintiff, b, c, d, f, Ga.

Reasons

1. Facts of recognition;

A. On October 14, 2015, the Plaintiff entered into a lease agreement with the Defendant on a lease deposit of KRW 10 million, monthly rent of KRW 12 million (excluding value-added tax, October 11, 2015), and the lease term of KRW 12 million from October 11, 2015 to October 11, 2016 on the ship (hereinafter referred to as “the instant building portion”), which connects each point of Annex A to the Defendant as indicated in the attached list.

(hereinafter “instant lease agreement”). B.

On October 10, 2014, the Defendant terminated the lease contract due to overdue delay while leasing and using the instant building from the Plaintiff. On July 23, 2015, the Defendant was sentenced by the court to order the delivery of the instant building portion (the name of the building) on July 23, 2015, etc., prior to the conclusion of the instant lease contract, the Defendant occupied and used the instant building portion prior to the conclusion of the instant lease contract.

C. The Defendant paid to the Plaintiff the amount of KRW 1320,00 won on November 13, 2015, KRW 13220,000 on December 28, 2015, KRW 1320,000 on April 7, 2016, and KRW 1320,000 on June 14, 2016. However, the remainder of the rent was not paid, and was in arrears for the period of four out of the rent to be paid by June 10, 2016.

The copy of the complaint of this case, which contains the Plaintiff’s declaration of termination of the instant lease on the grounds of the Defendant’s delinquency in rent, reached June 28, 2016 to the Defendant.

[Ground of recognition] Facts without dispute, obvious facts in records, entry of Gap 1 through 4, purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was lawfully terminated by the Plaintiff on June 28, 2016, on the ground of the Defendant’s four-year overdue overdue payment.

As such, the defendant is obligated to deliver the part of the building to the plaintiff upon the return of the leased object.

B. The defendant is running a business because the plaintiff does not repair the building part of this case even though it is new.

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