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(영문) 서울중앙지방법원 2015.08.25 2014가단217356
건물명도등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the real estate listed in the separate sheet;

B. September 27, 2014

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 20, 2010, the Plaintiff entered into a lease agreement with the Defendant to lease the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant by setting the lease deposit amount of KRW 20 million from June 9, 2010 to September 8, 2010, KRW 1 million from September 9, 2010, KRW 30 million from September 9, 2010 to June 8, 2012, KRW 30 million from September 9, 2010, KRW 1.1 million from June 8, 2012, and the lease period of KRW 1.1 million from June 9, 2010 to June 8, 2012.

(hereinafter referred to as the “first contract of this case”). B

On September 14, 2010, the Plaintiff entered into a lease agreement with the Defendant to revise the deposit and monthly rent, among the terms and conditions of the instant first contract, as follows:

(hereinafter referred to as “instant secondary contract”) From September 8, 2010 to March 8, 2011: 20,000 won of rental deposit, monthly rent of 1.1 million won to June 8, 2012: 30,000 won of rental deposit, monthly rent of 1.1 million won: from March 9, 2011 to June 8, 2012: 30,000 won of rental deposit, monthly rent of 1.1 million won.

C. As of September 3, 2014, the Plaintiff urged the Defendant to pay monthly rent, etc. as of September 3, 2014, and notified the Defendant that the instant secondary contract will be terminated in accordance with Article 4 of the Lease Contract (Evidence A-2). As such, the Plaintiff did not pay monthly rent within the said period on September 24, 2014, and the Defendant was not paid monthly rent within the said period on September 24, 2014.

The notice of termination was reached on September 26, 2014 on the part of the defendant.

The defendant, without paying the overdue rent, occupies and uses the real estate of this case until now.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3 (including branch numbers, hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings

2. According to the above finding of the judgment on the main claim, the second contract of this case is implicitly renewed after the expiration of the contract period, and two of the defendants.

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