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(영문) 의정부지방법원고양지원 2016.05.10 2016가단1574
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) from September 29, 2015, buildings described in paragraph (a).

Reasons

1. Facts of recognition;

A. On November 22, 2014, the Defendant: (a) leased a building listed in the separate sheet (hereinafter “instant building”) from C from December 29, 2014 to December 28, 2015, the term of lease is KRW 5 million; (b) lease deposit is KRW 500,000,000 per month (repaid on December 28, 2015); and (c) the lessor may terminate the lease contract if the lessee fails to pay a rent for the second period (hereinafter “the instant lease contract”); and (d) on December 29, 2014, the lessor occupied and used the instant building by being transferred and used it until now.

B. The Plaintiff purchased the instant building from C on May 1, 2015 and completed the registration of ownership transfer on May 27, 2015. The Plaintiff succeeded to the instant lease agreement and was paid from the Defendant on June 29, 2015 (from May 29, 2015 to June 28, 2015, the Plaintiff acquired the ownership of the instant building).

C. On October 20, 2015, the Plaintiff sent a content-certified mail to the Defendant that the lease contract is terminated on the grounds of the delinquency in rent, and reached the Defendant on October 21, 2015.

Meanwhile, the Defendant paid the Plaintiff the rent of KRW 500,000 on July 29, 2015, KRW 500,000 on August 31, 2015, KRW 2 million on October 23, 2015, and KRW 1 million on October 23, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. On October 21, 2015, the content-certified mail containing the Plaintiff’s declaration of termination on the ground that the Defendant had failed to pay two or more rents reaches the Defendant; and on October 21, 2015, the Defendant did not pay one million won (500,000 won x 4 months (from May 29, 2015 to September 28, 2015) - 50,000 won paid on July 29, 2015 - 50,000 won paid on August 31, 2015) in the instant lease agreement. In cases where the Plaintiff did not pay that the lessee would reach the second period of rent, the lessor entered into the lease agreement.

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