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(영문) 수원지방법원 2018.06.07 2017가단31544
건물인도등
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff, the owner of the instant real estate indicated in the Disposition No. 1 (hereinafter “instant real estate”) concluded a lease agreement with the Defendant on the instant real estate with the terms that the Plaintiff shall pay the instant real estate to the Defendant during the period from June 8, 2017 to June 7, 2019, and the monthly rent from June 8, 2017 (hereinafter “instant lease agreement”) and then delivered the instant real estate to the Defendant.

B. Article 4 of the instant lease agreement provides that “In the event that a lessee fails to pay a rent to the lessee for a period of two years, the lessor may immediately terminate this contract.”

C. Upon the Defendant’s delinquency in paying two or more rents, the Plaintiff sent to the Plaintiff on October 11, 2017 the content-certified mail stating the termination of the instant lease agreement on the grounds of the Defendant’s delay in rent, and the said content-certified mail reached the Defendant around that time.

E. The defendant has been occupying and using the real estate of this case until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the fact that the Defendant did not pay more than two vehicles, the Plaintiff, a lessor of the instant real estate, had the right to terminate the instant lease agreement, and the content-certified mail containing the Plaintiff’s declaration of intent to terminate the instant lease agreement reached the Defendant around October 11, 2017, and the instant lease agreement was lawfully terminated on October 11, 2017 according to the Plaintiff’s right to terminate the lease.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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