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(영문) 서울북부지방법원 2017.03.31 2016가단127784
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver 115.31 square meters of underground floors among the buildings listed in the attached list;

(b) 3,200,000 Won;

Reasons

1. Facts of recognition;

A. On May 2005, the Plaintiff leased (hereinafter “the instant lease contract”) the lease deposit amount of KRW 10,000,000 on the 115.31 square meters on the underground floor (hereinafter “the instant building”) among the buildings listed in the attached list to the Defendant, with the lease deposit amount of KRW 10,000,000 on the monthly rent of KRW 880,000 (including value-added tax), from May 24, 2005 to May 23, 2007, and thereafter the instant lease contract has been renewed.

B. From August 2014, the Defendant’s payment of rent was delayed for more than two years due to the Defendant’s failure to pay rent under the instant lease contract from around August 2014. On April 6, 2015, the Plaintiff sent to the Defendant a content-certified mail, stating that the instant lease contract is terminated on the grounds of the Defendant’s delinquency in rent and without permission, etc., and requesting the Defendant to deliver the instant building within three months, and the said mail reached the Defendant around that time.

C. The Defendant possessed the instant building without delivering it until now, and paid to the Plaintiff only the amount equivalent to seven-month rent from August 24, 2014 to June 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 to 5, Gap evidence 4 and 5, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated by the notification of April 6, 2015 of the Plaintiff’s termination of the contract on the ground of the Defendant’s delinquency in rent, etc.

Therefore, the Defendant, barring special circumstances, delivers the instant building to the Plaintiff, and the amount equivalent to KRW 3,200,000,000, calculated by the ratio of KRW 880,200,00, as the overdue rent or the illegal gains from the rent party incurred during the period from August 24, 2014 to June 23, 2016 (=80,000,000,000) from June 24, 2016 to June 24, 2016) and the lease deposit - KRW 10,000,000 from June 24, 2016 to June 23, 200.

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