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(영문) 서울남부지방법원 2017.08.22 2017가단210987
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the two floors of the building listed in the attached list, each point of the attached Form 1, 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On October 24, 2012, the Plaintiff: (a) leased the part (a) in the ship (hereinafter “instant leased part”) and 260.93 square meters (hereinafter “instant (a)”) connected the Defendant with each point of the attached Table 1 among the two floors of the building indicated in the attached Table 1; (b) the Plaintiff and the Defendant entered into a re-contract each year; (c) around February 17, 2016, around 41,40,000 lease deposit; (d) monthly management and maintenance expenses of KRW 1,868,00 (excluding value-added tax); and (e) the lease contract was concluded between January 1, 2016 and December 31, 2016; and (e) the Defendant used the instant leased part as an office for the operation of the instant model.

B. On February 16, 2015, the Plaintiff: (a) leased part (b) of the section (b) and 354.94 square meters (hereinafter “the leased section (b) of the instant case”) connected each point of the section (hereinafter “the leased section”) in the attached Table 2 to the Defendant, among the first floor underground floors of the building listed in the attached Table, to the Defendant; (b) on February 17, 2016, the Plaintiff agreed to settle the lease deposit amount of KRW 20 million between the Defendant and the Defendant on February 17, 2016; and (c) the monthly management and maintenance expenses of KRW 205,00 per instance (excluding value-added tax); and (b) the Defendant used the leased section of the instant case as a smoke place.

C. However, from January 2016, the Defendant began to delay rent, public charges, etc., and as of January 31, 2017, the Defendant delayed the payment of rent, public charges, etc., totaling KRW 36,667,080, and public charges totaling KRW 586,160.

Accordingly, the Plaintiff expressed his/her intention to terminate each of the instant lease agreements to the Defendant on the ground that the delivery of the duplicate of the complaint of this case did not pay more than three rents.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts, each of the instant lease agreements was terminated on the ground of the delinquency in rent, as the duplicate of the instant complaint was served on the Defendant.

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