(영문) 서울동부지방법원 2018.03.09 2017가단12791

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(영문) 서울동부지방법원 2018.03.09 2017가단12791

건물명도 등

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1. The defendant is against the plaintiff (appointed party) and the appointed party C:

A. Attached Form 2 among the strata of the building listed in the annexed Table 1 list.

Reasons

1. Determination as to the cause of claim

A. On August 27, 2009, the Plaintiff (Appointed Party), the Selection C (hereinafter collectively referred to as the “Plaintiff, etc.”) and the Defendant entered into a lease agreement with the Plaintiff, etc., setting a deposit amount of KRW 3 million, monthly rent of KRW 350,00,00 from August 30, 209 to August 29, 201, on the ship connecting each point of (a) and (b) part 26.45 square meters in sequence among the buildings listed in the attached Table 1 list, which are owned by the Plaintiff, etc., among the buildings of this case. The Defendant resided in the building of this case upon delivery.

B. The above lease contract was implicitly renewed, and the Defendant, from November 30, 2015 to May 29, 2017, did not pay KRW 575,000,00 for public charges, such as monthly rent and water rent, etc.

C. On January 2017, the Plaintiff et al. notified the Defendant of the termination of the lease agreement on the ground of the failure to pay the monthly rent, and the Defendant did not deliver the instant building to the Plaintiff et al., even though the lease contract was terminated by the delivery of a copy of the complaint of this case stating the notice of termination or the declaration of termination.

The Defendant is obligated to deliver the instant building to the Plaintiff, etc., and pay the Plaintiff, etc., an indivisible creditor, the amount of KRW 3,875,000 calculated by deducting deposit KRW 3,00,00 from the aggregate of monthly rent and public charges for 18 months from November 30, 2015 to May 29, 2017, KRW 6,875,00,000, and the amount of unpaid monthly rent and public charges, and the amount of damages for tort from May 30, 2017 to the completion date of the delivery of the said building.

【Reasons for Recognition: Each entry in the Evidence Nos. 1 through 6, and the purport of the whole pleadings】

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

참조조문

-민사소송법 제208조 제3항 제3호

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