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(영문) 서울중앙지방법원 2017.04.07 2016나66003
건물인도 등
Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the Defendant (Appointed Party).

3...

Reasons

1. On November 28, 2014, the Plaintiff: (a) leased the building indicated in the order to the selector KRW 15,000,000; (b) monthly rent of KRW 1,200,00 (excluding value-added tax); (c) monthly management fee of KRW 220,00 (excluding electricity and water supply fees; and (d) monthly management fee of KRW 220,000 (excluding value-added tax); and (c) from December 8, 2014 to December 7, 2015; and (d) delivered the said building.

Article 7 (3) of the lease contract provides that "The lessor may terminate the lease contract without a peremptory notice when the lessee fails to pay the prescribed rent and the expenses for the lease for more than two months from the due date of payment."

On the other hand, on the same day, the designated person subleases the above building to the Defendant by setting the same period as the above lease period of KRW 15,000,000, monthly rent of KRW 1,500,000, and the Plaintiff provided a written consent on the said sub-lease to the designated person.

From November 2015, the Selection was in arrears with the payment of the rent, and the Plaintiff was in arrears with the Selection on April 27, 2016 pursuant to Article 7(3) of the "Lease Contract", and the lease contract was terminated as of December 7, 2015 and the unpaid rent was terminated as of December 7, 2015, since the rent was overdue for at least two months from the due date of payment.

4. Withdrawal of legal measures for evacuations without settlement until 30.

They sent content-certified mail to the effect that they are.

The above content certification reached the Selection on April 28, 2016.

After filing the instant lawsuit, the Defendant and the appointed party paid all the amount equivalent to the overdue rent and management expenses up to October 2016, which was the date of filing the instant lawsuit, and thereafter paid all the amount equivalent to the rent from November 2016 to February 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1 to 3, the purport of the whole pleadings

2. According to the facts of determination as to the cause of the claim, the lease contract between the plaintiff and the selected parties shall be terminated on the ground of the overdue charge of not less than two months.

“The content-certified mail stating the Plaintiff’s expression of intent on April 28, 2016.

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