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(영문) 서울서부지방법원 2017.02.03 2016가단22304
건물명도
Text

1. From 6,00,000 to 6,000 won, the Defendant shall from 20 December 20, 2016 to the completion date of delivery of the buildings listed in the separate sheet.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap 1 through 3, the plaintiff entered into a lease agreement with the defendant on August 2012 on the terms that the building listed in the separate sheet (hereinafter "the building of this case") shall be leased KRW 10 million, monthly rent of KRW 900,000,000, and one year for lease (hereinafter "the lease agreement of this case") with the defendant. The defendant delayed payment of monthly rent for at least eight months from December 2015, and the plaintiff notified the defendant that the lease contract will be terminated on the grounds of rent of at least two occasions (hereinafter "the notice of termination of this case"). It is recognized that the notice of termination of this case has reached the defendant, respectively.

Therefore, the instant lease agreement is deemed to have been lawfully terminated by the notice of termination of the instant case, and there is no dispute between the parties as to the fact that the instant lease agreement was partially paid the overdue charge and that the overdue charge is KRW 4 million as of December 19, 2016, and the Plaintiff is the overdue charge, and the said overdue charge is deducted from the said lease deposit.

Therefore, at the same time, the Defendant is obliged to deliver the building of this case to the Plaintiff at the same time, with the remainder of money calculated by deducting the amount calculated at the rate of KRW 900,000 per month from December 20, 2016, which is the following day of the above base date, from the balance of the lease deposit KRW 6 million from the Plaintiff to the completion date of delivery

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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