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(영문) 서울북부지방법원 2016.02.18 2015가단2031
건물명도
Text

1. The defendant

(a) deliver the real estate listed in the separate sheet;

(b) Gold 9,98,260 won and from February 5, 2016.

Reasons

1. Basic facts

A. On April 27, 1994, the Defendant: (a) concluded a lease agreement with the Plaintiff’s father D on an officetel as indicated in the attached list (hereinafter “instant officetel”); (b) on December 1, 2007, the owner of the instant officetel changed to the Plaintiff; and (c) concluded a lease agreement between the Plaintiff and the Plaintiff as of April 30, 2009, by setting the lease deposit deposit amount of KRW 5 million, monthly tax of KRW 440,00 (including value-added tax) and the lease period of KRW 5 million.

B. After that, on April 28, 2012, the Plaintiff and the Defendant entered into a lease agreement with the instant officetel at the same time, raising the monthly rent at KRW 4.50,000 (including value-added tax) and at the end of April 30, 2013, and the said lease agreement was explicitly renewed.

C. The Defendant did not pay the rent from March 2013 to August 30, 2013, and paid the rent of KRW 2.7 million for six months (from March 2013 to August 2013) in lump sum. In other words, the Defendant paid KRW 2.25 million for five months (from September 2013 to January 2014) in arrears, and thereafter, did not pay the rent.

On December 2014, the Plaintiff notified the Defendant of his intention to terminate the instant lease agreement as of December 31, 2014 on the grounds of delinquency in rent by content-certified mail.

E. As of February 5, 2016, a sum of KRW 10,800,000 (i.e., total of 24 months from February 1, 2014 to February 5, 2016 x 450,000)

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, Eul evidence No. 1 and the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the Plaintiff expressed his/her intention of termination on the ground that the instant lease agreement was several times of arrears by the Defendant.

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