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(영문) 서울남부지방법원 2015.02.05 2014가단27641
건물명도 등
Text

1. The Defendant shall deliver to the Plaintiff the 97.14 square meters of the branch floor among the buildings listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

On August 31, 2012, the Plaintiff leased the part of the underground first floor among the buildings listed in the attached list to the Defendant by setting the lease deposit amount of KRW 5 million, monthly rent of KRW 500,000,000, and the term of lease on August 31, 2013. The Plaintiff and the Defendant agreed to terminate the lease contract in the event that the above lease contract is overdue for at least three years under the above lease contract. The Plaintiff asserted that the Defendant is in arrears from the rent of December 2013 in the instant complaint, and the purport that the lease contract is terminated may be acknowledged either by dispute between the parties or by taking into account the overall purport of the pleadings stated in the evidence No. 4 and No. 5.

According to the above facts of recognition, the lease contract between the plaintiff and the defendant between the plaintiff and the defendant was terminated due to the separation of rent, so the defendant is obligated to deliver the above first floor to the plaintiff.

Thus, the plaintiff's claim of this case is justified and accepted.

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