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(영문) 서울서부지방법원 2017.02.10 2016가단247677
건물명도
Text

1. From 3.65 million won to 3.65 million won, the Defendant shall deliver the building indicated in the separate sheet from September 11, 2016 to the Plaintiff.

Reasons

The Plaintiff, on October 6, 2015, has no dispute between the parties, or according to the evidence Nos. 3 and 4, the Plaintiff leased a building listed in the separate sheet (hereinafter referred to as “instant house”) to the Defendant on October 6, 2015, with a deposit of KRW 5 million, KRW 400,000 per month, KRW 11,000 per month, and the period from October 11, 2015 to October 10, 2017. In such cases, the Plaintiff shall additionally pay a deposit of KRW 5 million until January 31, 2016, and shall pay an additional deposit of KRW 450,000 per month, if the additional deposit is not paid.

“Along with the fact that the Defendant was unable to pay the additional deposit, the amount of KRW 450,00 per month was changed from February 11, 2016 to KRW 450,000 per month, and the Defendant was in arrears from July 11, 2016 to KRW 450,000, and the Defendant was notified from the Plaintiff that the said lease was terminated if he did not pay the overdue loan from the Plaintiff on September 12, 2016.

Therefore, the above lease contract was terminated by the plaintiff's notice of termination due to the defendant's delinquency, and the defendant is obligated to return the remaining security deposit after deducting the unpaid vehicle from the plaintiff, and deliver the house of this case to the plaintiff at the same time.

The defendant asserts that the termination of the plaintiff's termination is improper due to inevitable circumstances, but it does not accept the defendant's assertion on the ground that there is no ground to support the claim.

Plaintiff

claim shall be accepted.

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