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(영문) 서울중앙지방법원 2015.09.11 2015가단98194
건물명도 등
Text

1. The defendant is paid KRW 13,000,000 from the plaintiff, and at the same time, from among the buildings listed in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On February 27, 2006, the Plaintiff and the Defendant entered into a lease agreement with respect to the lease deposit of KRW 13 million, monthly rent of KRW 600,00 (the last day of each month), and from March 1, 2006 to February 24, 2006, with respect to the leased object of KRW 13,00,000,000,000,000,000,000 won in a ship (hereinafter “the leased object of this case”), which successively connected each point of the items in the attached list owned by the Plaintiff, among the buildings listed in the attached list owned by the Plaintiff, and the Plaintiff delivered the leased object of this case to the Defendant, and the Defendant paid KRW 13,00,000 to the Plaintiff the lease deposit.

B. From November 2013 to April 2015, the Defendant delayed payment of only KRW 9,160,000 to May 13, 2015 of the monthly rent and water rate of KRW 10,980,000, and paying KRW 1,820,000 to KRW 1,820,000, thereby reaching the three-term rent. On May 29, 2015, the Plaintiff expressed to the Defendant the intent to terminate the instant lease agreement.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of recognition, the instant lease contract was terminated by expressing to the Defendant the intention of termination on the ground that the Plaintiff was in arrears, which served the third period of time.

Therefore, barring any special circumstance, the defendant is obligated to receive the lease deposit of KRW 13 million from the plaintiff and deliver the object of lease of this case at the same time, as the plaintiff seeks.

3. citing the Plaintiff’s claim for conclusion

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