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(영문) 서울동부지방법원 2016.08.23 2016가단11395
건물명도
Text

1. The defendant shall be the plaintiff.

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

(b) As from April 1, 2016, KRW 15,600,00 and above.

Reasons

Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1 through 3, the Plaintiff entered into a lease agreement with the Defendant on September 27, 2014, with the following: (a) the lease deposit of KRW 30 million; (b) monthly rent of KRW 1.3 million; (c) October 31, 2014 through October 30, 2016; and (d) the Defendant resided in the apartment of this case from around that time; and (c) Article 4 of the above lease agreement provides that “In the event that the lessee has been in arrears on more than two occasions, the lessor may terminate the lease agreement immediately; and (d) the Plaintiff may urge the Defendant to pay the rent of KRW 1.3 million by April 2015 through April 3, 2015; and (e) provide proof that the Plaintiff did not pay the rent by mail to the Defendant on April 16, 2016.

According to the above facts, around March 2016, the lease contract of this case was terminated on the ground of delinquency in payment of rent, in April 19, 2016, where it is evident that the copy of the complaint of this case, which states the intent to terminate the lease contract of this case, was served on the defendant at latest.

Therefore, the defendant is obligated to deliver the apartment of this case to the plaintiff, and to pay the unpaid rent of 15.6 million won (1.3 million won x 12 months) from April 1, 2015 to March 2016 and the rent of 1.3 million won per month from April 1, 2016 to the delivery date of the apartment of this case.

The plaintiff's claim shall be accepted on the grounds of its reasoning.

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