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(영문) 서울중앙지방법원 2016.05.20 2015가단180710
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Basic facts

A. On February 21, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease an apartment as indicated in the separate sheet (hereinafter “instant apartment”) by setting the lease deposit amount of KRW 29,610,00, monthly rent of KRW 13,90, and the lease term of KRW 28, 2015 (hereinafter “instant lease agreement”), and agreed that the Plaintiff may terminate the said lease agreement if the Defendant fails to pay the rent for at least three consecutive months.

B. However, from January 2014, the Defendant delayed payment of rent, and on October 15, 2014, the Plaintiff sent to the Defendant a certificate of content that “The instant lease contract was terminated as of October 15, 2014, and thus, the Plaintiff sent to the Plaintiff a certificate of content that “the delivery of the instant apartment was changed by November 14, 2014,” and the above certificate of content reached the Defendant around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. According to the judgment and the facts of the above recognition, since the instant lease contract was lawfully terminated due to the Defendant’s delinquency in payment of rent for more than three consecutive months, the Defendant is obligated to deliver the instant apartment to the Plaintiff.

Therefore, the plaintiff's claim is justified and accepted.

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