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(영문) 서울중앙지방법원 2015.10.29 2015가단5051466
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Category 1, 2, 3, 4, 5, 6, and 1. of the attached list, among the real estate listed in the attached list;

Reasons

1. On January 21, 2014, the fact that, among the real estate listed in the separate sheet, the Plaintiff leased to the Defendant on January 21, 2014, part 426 square meters of “A” (hereinafter referred to as “the subject matter of this case”) which successively connects each point of “A” (hereinafter referred to as “the subject matter of this case”) among the real estate listed in the separate sheet, from around the lease period to December 31, 2015, the lease deposit is KRW 30 million, monthly rent and management fee of KRW 2750,00 (including additional tax).

On the other hand, if Gap evidence Nos. 2, 3, and 9 (including the provisional number) showed the purport of the whole pleadings, it can be acknowledged that the sum of rent and management expenses that the defendant did not pay until January 31, 2015 exceeds 18 million won equivalent to at least two items. Accordingly, the plaintiff acquired the right to terminate the lease agreement as above.

As such, the above lease contract was lawfully terminated upon delivery to the defendant on March 11, 2015 of a copy of the complaint of this case containing an expression of intent to terminate the contract.

Therefore, the Defendant is obligated to deliver the instant object to the Plaintiff (the Defendant asserted that he/she delivered the instant object to the Plaintiff on February 3, 2015, but according to the evidence cited above and the record on the evidence No. 7, the Defendant still did not deliver the said object to the Plaintiff) and to pay rent and management fee in arrears calculated by the ratio of KRW 18 million from February 1, 2015 to the date the delivery of the said object is completed, and the amount of rent and management fee calculated by the ratio of KRW 2.75 million from February 1, 2015 to the date the delivery of the said object is completed.

2. Judgment on the defendant's assertion

A. As to this, the defendant asserted that the plaintiff agreed not to exercise the right to terminate the lease if the rent in arrears is within the scope of the lease deposit at the time when the above lease contract was concluded, but there is no evidence proving the defendant's above assertion, and thus, it cannot be accepted

B. In addition, the Defendant’s total sum from April 15, 2015 to July 27, 2015 to the Plaintiff.

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