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(영문) 서울중앙지방법원 2016.11.04 2016가단50731
건물명도
Text

1. The defendant shall deliver to the plaintiff the second floor part of 198.79 square meters among the buildings listed in the attached list.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On November 18, 2015, the Plaintiff leased part 198.79 square meters of the second floor among the buildings listed in the attached Table (hereinafter “instant building”) to the Defendant by setting the lease deposit amount to KRW 60,000,000, monthly rent of KRW 6,000,000 (value-added tax separate, monthly prepaid payment), and the lease term from December 1, 2015 to November 30, 2020.

(hereinafter “instant lease”). After the conclusion of the said lease, the Defendant occupied and used the instant building portion by receiving the delivery from the Plaintiff.

B. The Defendant paid the Plaintiff one time payment on December 1, 2015 to the Plaintiff on January 28, 2016, and paid two times payment on January 1, 2016 also on March 17, 2016.

C. Since then, the Defendant delayed the payment of the rent of 3,4, and 5 installments (each payment date is February 1, 2016, March 1, 2016, and April 1, 2016). The instant complaint containing the Plaintiff’s declaration of intention to terminate the lease of this case on the ground of the said 3 period overdue delay, reached April 29, 2016 to the Defendant.

[Reasons for Recognition] Facts without dispute or obvious facts in records, Gap 1, 3, and 6's statements, the purport of the whole pleadings

2. According to the fact of the above recognition, the lease of this case was lawfully terminated on April 29, 2016 as the Plaintiff’s declaration of termination was delivered on the ground of the Defendant’s delinquency in rent for at least three years.

Therefore, the Defendant is obligated to deliver the instant building portion to the Plaintiff upon the return of the leased object upon the termination of the lease.

3. The plaintiff's claim is justified. Accordingly, the plaintiff's claim is accepted.

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