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(영문) 서울중앙지방법원 2015.07.23 2015가단43460
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From January 22, 2015, KRW 8,600,00 and the above.

Reasons

On January 16, 2014, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant apartment”) to the Defendant on January 16, 2014 during the lease term from January 22, 2014 to January 21, 2016, with the lease deposit of KRW 70,000,000,000 for monthly rent of KRW 2.6 million. However, the Defendant did not pay KRW 8,60,000 out of the total rent of six months from August 21, 2014 to January 21, 2015, on the ground that the instant apartment contract was delivered to the Defendant by the instant complaint containing the Plaintiff’s declaration of termination on the grounds of overdue payment for more than two years, and was lawfully terminated.

Therefore, the Defendant is obligated to deliver the instant apartment to the Plaintiff, and pay the Plaintiff the rent of KRW 8.6 million in arrears and the amount equivalent to the rent calculated by the ratio of KRW 2.6 million per month from January 22, 2015 to the completion date of delivery from January 2, 2015 to January 2.6 million.

Therefore, the defendant cannot respond to the plaintiff's claim due to economic circumstances. However, the above circumstance is not a legal ground to block the plaintiff's claim, and it is difficult to accept it.

Ultimately, the plaintiff's claim of this case is justified, and thus, it is accepted.

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