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(영문) 서울중앙지방법원 2018.07.17 2018가단5021510
건물명도(인도)
Text

1. The defendant shall indicate, among the second floor of the real estate listed in the attached Table 1 list, the annexed drawings (1), (2), (3), (4), (5), and (6).

Reasons

1. Facts of recognition;

A. On July 2, 2015, the Plaintiff entered into a lease agreement with the Defendant by setting the term of lease of “(a) size of 5.87 square meters (hereinafter “instant building”) from August 1, 2015 to July 31, 2016 with regard to the real estate listed in the attached Table 1’s second floor (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), and (i) part of 5.87 square meters (a) connected to each of the above points, as indicated in the attached Table 1’s list, to pay KRW 9,00,000 for lease deposit, KRW 660,00 for monthly rent, KRW 140,00 for management expenses (payment of value-added tax separately, and the last day of each month), individual public charges (electric, water, parking fees, and parking fees) used by the lessee, and thereafter, the Defendant engaged in the construction and sales business of the instant building from that time.

B. The instant lease agreement was implicitly renewed, and the Defendant did not pay monthly rent and management expenses, electricity, and water supply fees from August 31, 2015, and did not delay KRW 9,594,078 in total until January 31, 2018.

C. Accordingly, on December 15, 2016, where the Plaintiff did not pay the Defendant the overdue charge within the final payment period on December 23, 2016, the Plaintiff sent to the Defendant a certificate stating the declaration of intent to terminate the instant lease agreement with a vehicle with at least three-term units of rent, but the Defendant continues to occupy the instant building without paying the overdue charge.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above fact-finding, the lease contract that the Plaintiff entered into with the Defendant on December 23, 2016 concluded with the Defendant was lawfully terminated by the Plaintiff’s declaration of termination on the grounds of the Defendant’s delay of rent, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the overdue rent, management fee, electricity fee, and water supply fee.

Furthermore, even after the termination of the above lease contract, the Defendant gains profits from the use of the instant building by occupying and using it, and thereby, the Plaintiff as the owner.

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