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(영문) 서울중앙지방법원 2019.09.20 2018가단5215940
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. From KRW 20,000,000 to August 17, 2017, from the Plaintiff (Counterclaim Defendant)

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On July 5, 2017, the Plaintiff entered into a lease agreement with the Defendant with regard to the portion (a) size of 53 square meters in a ship (hereinafter “instant real estate”) (a) connected with each point of the attached Table 1, 2, 3, 4, and 1 among the four floors of the real estate listed in the attached Table 1 list owned by the Plaintiff, with the lease deposit of KRW 20,000,000, monthly rent of KRW 700,000 (payment after July 17, 2017), and the term of lease from July 17, 2017 to July 16, 2018 (hereinafter “instant lease agreement”).

B. Under the instant lease agreement, the Plaintiff delivered the instant real estate to the Defendant, and the Defendant paid KRW 20,000,000 to the Plaintiff.

C. The Defendant did not pay the Plaintiff the monthly rent from August 17, 2017, and is residing in the instant real estate until now.

On April 17, 2018, the Plaintiff sent to the Defendant a content-certified mail stating that “The instant lease agreement shall be terminated on the grounds of the delinquency in rent for at least two years.”

On April 19, 2018, the Defendant sent to the Plaintiff a content-certified mail stating that “The Plaintiff had well obtained the Plaintiff’s certificate of content on April 17, 2018, and is deemed not obligated to pay monthly rent due to the leakage of real estate in this case and the nonperformance of the Plaintiff’s repair obligation.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 6, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff Defendant did not pay the difference from August 17, 2017.

Accordingly, on April 17, 2018, the Plaintiff sent to the Defendant a document verifying the termination of the instant lease agreement on the ground of the delinquency in rent.

Therefore, since the instant lease agreement was terminated by the notification of termination of the Plaintiff, the Defendant delivered the instant real estate to the Plaintiff, and the instant real estate from August 17, 2017.

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