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(영문) 의정부지방법원 2018.11.08 2018가단11145
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. Of the buildings listed in the separate sheet, the indication of the attached sheet No. 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 4.

Reasons

Basic Facts

A. On November 15, 2016, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant on a deposit amount of KRW 500,00,00 won, monthly rent of KRW 400,00 (hereinafter referred to as “instant store”) with regard to the total area of (c) and (d) part, 78 square meters (hereinafter referred to as “instant store”) connected with each of the items indicated in the attached Table No. 4,5,6,7,8,9, 10, 11, 12, 13, and 4 in sequence among the buildings listed in the attached Table No. 4,5,7,000,000 won, monthly rent of KRW 40,000,000 (hereinafter referred to as “instant store”) from November 15, 2016 to November 14, 2018.

B. The Defendant did not pay the Plaintiff the monthly rent from August 15, 2017.

C. On June 14, 2018, the complaint of this case, which stated that the Plaintiff terminated the instant lease agreement on the grounds of the delay in payment of two or more rents, was served on the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, and judgment as to the ground of claim as a whole

A. According to Article 640 of the Civil Act, when the delayed amount of rent for the lessee of a building or any other structure reaches the amount of rent for the second term, the lessor may terminate the contract. Even according to Article 4 of the instant lease contract, if the delayed amount of rent for the lessee reaches the third term, the lessor may terminate the said contract immediately.

B. According to the facts examined earlier, it is reasonable to view that the instant lease contract was terminated on June 14, 2018 on the ground that the Defendant’s delay in the payment of rent was terminated.

C. Inasmuch as the instant lease contract was terminated, the Defendant is obligated to deliver the instant store to the Plaintiff, and ② to pay the rent of KRW 3.6 million from August 15, 2017 to May 15, 2018, the rent of KRW 3.6 million (=4 million x 9 months) and the rent of KRW 400,000 per month from May 16, 2018 to the completion date of delivery of the instant store, respectively.

The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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