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(영문) 서울중앙지방법원 2017.07.14 2016가단5304341
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the sixth floor No. 606 of the real estate listed in the Schedule;

(b) KRW 3,200,000 and April 2017.

Reasons

1. Facts of recognition;

A. On June 16, 2016, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit of KRW 1,00,000 for the lease deposit, KRW 700,000 for the lease deposit of KRW 700,000 for the lease of the lease (the payment date: 20th of each month), and the period from June 20, 2016 to June 19, 2017 (hereinafter “instant lease agreement”).

B. The Defendant did not pay a total of KRW 4,200,000 ( KRW 700,000 x six months from September 2016 to February 2017) as of February 20, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the instant lease agreement is deemed to have been duly terminated at that time as the duplicate of the complaint of this case, which contains the Plaintiff’s declaration of termination on the ground of the Defendant’s delinquency in rent, reaches the Defendant on December 28, 2016.

Therefore, the Defendant is obligated to deliver the leased object of this case to the Plaintiff, barring any special circumstances, and pay 3,200,000 won calculated by deducting deposit of KRW 1,00,000 from the overdue rent of KRW 4,20,000 as of February 20, 2017, and the amount equivalent to the rent of KRW 70,000 per month from February 21, 2017 to the completion date of delivery of the leased object of this case, as sought by the Plaintiff.

B. As to the judgment on the Defendant’s assertion, the Defendant is running a 40 unit room on lease of 40 units, including the leased object of this case. However, the Defendant asserts that it is impossible to respond to the Plaintiff’s claim since the order to specify only the leased object of this case should be later delivered with the remaining 40 units room. However, as seen earlier, as long as the instant lease contract between the original Defendant on the leased object of this case was terminated and terminated, the Defendant’s claim for the foregoing reasons are asserted by the Defendant.

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