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Reasons
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(영문) 서울북부지방법원 2019.06.13 2018가단143438
건물명도(인도)
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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) As from October 2, 2018, KRW 20,763,50 and above.

Reasons

1. Basic facts

A. On February 19, 2009, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 20 million, monthly rent amounting to KRW 1450,000,000, and the lease period from June 1, 2009 to June 1, 2012 (hereinafter “instant lease agreement”). The Plaintiff agreed that the lessor may terminate the lease agreement if the lessee fails to pay the rent at the time of the instant lease agreement until the second period.

(Article 4). (b)

Then, the instant lease agreement was implicitly renewed, and the Defendant did not pay the rent from January 2013, and the Defendant did not pay 48,200,000 won as of October 1, 2018.

Then, the Defendant paid each of the Plaintiff KRW 1,450,000,000,000 to the Plaintiff on November 1, 2018 and December 4, 2019, KRW 1,000,000,000,000,000,000 to the Plaintiff on May 16, 2019.

C. On September 14, 2018, the Plaintiff notified the Defendant of his/her intention to terminate the said lease contract on the grounds of the delinquency in rent for at least two years by serving a duplicate of the instant complaint.

On the other hand, the defendant paid 3,536,500 won for enforcement fine imposed on the building of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s delinquency in paying two or more rents. As such, the Defendant delivered the instant building to the Plaintiff, and KRW 20,763,50 (i.e., KRW 48,200,000 as of October 1, 2018 - KRW 3,900,000 as of October 1, 2018 - KRW 20,536,500 as to the charge for compelling compliance paid by the Defendant - KRW 3,50,000 as of KRW 24,63,50 as to the charge for compelling compliance paid by the Defendant, and KRW 24,63,50 as to the Defendant. However, the part seeking more than KRW 3,90,000 after deducting the Defendant’s additional payment from the said money and KRW 20,763,500 as of December 2, 2018).

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