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(영문) 서울서부지방법원 2017.04.28 2016가단36020
건물명도
Text

1. Of the listed real estate in attached Form 1, the Defendant points out each of the attached Form 2, 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On March 23, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the following terms with regard to the portion (A) of 21 square meters inboard (hereinafter “the instant real estate”) that connects each point of 1, 2, 3, 4, 1, and 21 square meters in sequence, among the real estate listed in the attached Table 1 list (hereinafter “instant lease agreement”).

B. From March 31, 2016 to March 30, 2018, the lessor may terminate the instant lease contract when the lessee fails to pay the lease deposit amounting to KRW 20 million and KRW 1.3 million in monthly rent for at least two months.

B. The defendant is operating a restaurant with the trade name of C in the real estate of this case.

C. However, as the Defendant paid only the rent for April and May 2016 and delayed payment of two or more rents, the Plaintiff notified on November 15, 2016 that the instant lease contract was terminated on the ground of the Defendant’s delinquency in payment of rent, and the Defendant received it around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. According to the above fact-finding, the Defendant was in arrears with two or more vehicles, and the instant lease agreement was lawfully terminated around November 15, 2016. Thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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