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(영문) 광주지방법원 2017.11.17 2017가단22433
건물명도 등
Text

1. The Defendant shall deliver the second floor of 309.15 square meters to the Plaintiff (Appointed Party) and the Appointed C, among the real estate listed in the attached list.

Reasons

1. Facts of recognition;

A. On February 9, 2017, the Plaintiff (Appointed Party) and the Selected Party C: (a) as to the lease deposit for the second floor of 309.15 square meters (hereinafter “the instant building”) among the real estate listed in the attached Table C owned by the Plaintiff (Appointed Party) and the Selected Party C; (b) as to the lease deposit for the second floor of 309.15 square meters (hereinafter “the instant building”); (c) as to the lease term from February 10, 2017 to August 9, 2018; and (d) as to the monthly rent of 2,00,000 won; and (d) as to the grounds for the termination of the contract, the term of the lease shall be as follows: “When the lessee’s delayed rent of the building falls short of the amount of rent of 2,00,000 won; and (e

B) B. The Defendant: (a) occupied and used the instant building under the instant lease agreement; (b) paid only the monthly rent until April 21, 2017, but did not pay the monthly rent. (c) On August 7, 2017, the Plaintiff (Appointed Party) sought a payment of monthly rent in arrears to the Defendant via content-certified mail. (d) The Plaintiff (Appointed Party) and the Appointed Party C expressed the intention to terminate the instant lease by delivering a copy of the instant complaint on the ground that the Defendant was in arrears for at least four months, and on September 7, 2017, the copy of the instant complaint was served to the Defendant on September 1, 2017. [based on recognition] Party A’s statement (including a serial number) and the purport of the entire pleadings and the purport of the entire pleadings.

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated around September 7, 2017 by the declaration of the intention to terminate the instant lease agreement by the Plaintiff (Appointed Party) and the Appointed Party C on the ground that the Defendant’s delayed delayed rent reaches the amount of two rents, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff (Appointed Party) and the Appointed C.

(Y) Even if the Defendant partially paid the overdue rent, the validity of the termination of the instant lease contract does not affect any effect). Accordingly, the Plaintiff (Appointed Party)’s claim of this case is reasonable, and thus, it will be accepted.

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