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(영문) 서울중앙지방법원 2015.09.18 2015가단5093903
건물명도
Text

1. From February 1, 2015 to February 1, 2015, the Defendant is the fourth floor among the buildings listed in the attached real estate list from the Plaintiffs.

Reasons

1. Determination as to the cause of claim

A. The Plaintiffs, on January 23, 2015, leased the fourth floor among the buildings listed in the attached real estate list to the Defendant as of January 23, 2015, by setting the lease deposit amount of KRW 44 million, KRW 3.1 million per month, KRW 3.1 million per month of rent (excluding value-added tax), the lease period of KRW 430,000 per month, and the lease period from February 1, 2015 to January 31, 2016.

(2) The Defendant, after paying the lease deposit to the Plaintiffs, occupied and used the above 4th floor until now, did not pay the monthly rent once a month.

(3) The instant lease agreement provides that the lessor may terminate the contract without notification if the lessee fails to pay the various costs, such as monthly rent and management expenses, for more than two years from the payment date.

[Grounds for recognition] Evidence Nos. 1 through 4, the purport of the whole pleadings

B. According to the facts of the above recognition, the instant lease contract was terminated by the instant complaint containing the intent of termination on the grounds of the Defendant’s delinquency in rent for more than two years.

Therefore, the defendant is obliged to receive the remaining money from the plaintiffs less the amount calculated by deducting the amount calculated by the ratio of KRW 3,883,000 per month from February 1, 2015 to the date of the completion of delivery of the fourth floor among the buildings listed in the attached real estate list from February 1, 2015.

2. Conclusion, the plaintiffs' claim of this case is justified.

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