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(영문) 서울중앙지방법원 2017.11.24 2016가단5206140 (1)
건물명도
Text

1. The defendant shall be the plaintiff.

(a) Category 1, 2, 3, 4 and 1 of the Annex II real estate listed in Annex II (3).

Reasons

1. Basic facts

A. From around November 2009 to December 31, 2015, the Defendant entered into a lease agreement with the Plaintiff on the instant housing as stipulated in paragraph (1) of the disposition of the Plaintiff’s ownership (hereinafter “instant housing”) and entered into a new lease agreement with the Plaintiff and continued to reside in the instant housing (hereinafter “instant lease agreement”) with the rental deposit amounting to KRW 2,415,00 on September 13, 2013, monthly renting KRW 99,950 on September 13, 2013, and the lease contract period from November 1, 2013 to December 31, 2015.

B. The Defendant did not pay rent, management fee, etc. from time to time during the lease term, and resided in the Plaintiff without re-contract with the payment of rent of KRW 287,450,00 on December 31, 2015, which is the expiration date of the lease term, and did not pay the Plaintiff a total of KRW 2,492,690 as of October 27, 2017, and KRW 50,440 as of October 27, 2017.

(Plaintiff raised the monthly rent of KRW 104,840 from January 2016, the Defendant paid some of them). [The grounds for recognition] 3, 2, 6-1, and 2 respectively, and the purport of the entire pleadings.

2. The assertion and judgment

A. According to the determination as to the cause of the claim, the instant lease agreement was terminated upon the expiration of the period, and even if it was implicitly extended, the duplicate of the complaint of this case, which included the Plaintiff’s intention of termination on September 26, 2016, on the ground of the Defendant’s delinquency in rent, was lawfully terminated on the grounds that the record clearly shows that the Defendant reached the Defendant.

Therefore, the defendant shall deliver the house of this case to the plaintiff and pay the amount of 2,543,130 won (=2,492,690 won) and the amount of money calculated at the rate of 104,840 won per month, which is the amount equivalent to the rent, from November 3, 2017 to the delivery date of the house of this case, as claimed by the plaintiff, after the last day of calculating the rent.

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