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(영문) 서울서부지방법원 2015.06.10 2015가단8738
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Appendix 1, 2, 3, 4 and 1, among the second floor of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. C agreed to transfer the house business to the Plaintiff around October 2013 while the owner leased the building indicated in the separate list and engaged in the house business.

On October 28, 2013, the Plaintiff entered into a new lease agreement with the owner, and began the lodging business in the building from November 20, 2013.

B. From the time C was operating a sub-house, the Defendant agreed to reside in a room of 1 square meters in the second floor of the above building (an area of 10 square meters in the ship connected each point of 1, 2, 3, 4, and 10 square meters in order of each point of 1,000 square meters in the ship) and continued to reside in the area after the Plaintiff succeeded to the business.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the claim

A. The Plaintiff’s cause of the Plaintiff’s claim asserts that the Defendant paid accommodation expenses up to June 20, 2014, and that the Plaintiff did not pay rent after June 21, 2014. Thus, the Plaintiff’s delayed payment for a long period is terminated as a delivery of a duplicate of the instant complaint between the Plaintiff and the Defendant, and that the Defendant filed a claim against the Defendant for the payment of the accommodation expenses incurred at the rate of KRW 5 million per month from June 21, 2014 to April 20, 2015, namely, return of the leased object, ② payment of KRW 5 million in arrears for ten months from June 21, 2014 to April 20, and ③ payment of the accommodation expenses incurred at the rate of KRW 500,000 per month from April 21, 2015 to the completion date of the future delivery.

B. (1) In the case of a lease without a contractual term, the parties to the contract may notify at any time of termination of the contract (Article 635(1) of the Civil Act), and the lessor may terminate the contract if the contractual term of the lessee amounts to two (2) rents, whether or not there is an agreement or not.

(Article 640 of the Civil Act) A lodging agreement is a non-exclusive agreement that provides services, such as providing meals, to the other party while allowing the other party to use a house, to the extent that it is not contrary to the agreement or nature of the party.

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