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(영문) 수원지방법원 2018.06.07 2017가단35041
건물명도등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, the owner of the real estate indicated in the Disposition No. 1 (hereinafter “instant real estate”), entered into a lease agreement with the Defendant on the instant real estate with a deposit of KRW 20 million for lease, KRW 2 million for monthly rent, and KRW 2 million for lease, from July 8, 2016 to July 7, 2018, and the monthly rent from July 8, 2016 to the end of each month (hereinafter “instant lease agreement”), and delivered the instant real estate to the Defendant.

B. Article 4 of the instant lease agreement provides that “In the event a lessee fails to pay a rent on at least two occasions, the lessor may immediately terminate the instant lease agreement.”

C. Although the Defendant ought to pay the monthly rent to the Plaintiff as of the end of each month, the Defendant delayed to pay the monthly rent to the Plaintiff as of April 14, 2017, and as of October 31, 2017, by depositing the vehicle to be paid by the end of July 2017, such as deposit in October 31, 2017.

On September 11, 2017, the Plaintiff sent to the Defendant a content-certified mail containing the content that “The instant lease agreement shall be terminated because the Defendant was in arrears at least twice,” and the said content-certified mail was sent to the Defendant around that time.

E. The defendant has been occupying and using the real estate of this case until now.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the issue

A. (1) The Plaintiff’s assertion (1) did not pay the Plaintiff rent more than twice or sub-lease the instant real estate to B without permission, and thus, the Plaintiff, a lessor of the instant real estate, created the right to terminate the instant lease agreement, and the content-certified mail containing the Plaintiff’s declaration of intent to terminate the instant lease agreement reached the Defendant around September 11, 2017, and thus, the instant lease agreement is legitimate as of September 11, 2017, according to the Plaintiff’s right to terminate.

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