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(영문) 서울서부지방법원 2017.10.13 2017가단4914
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the second floor of the building listed in the annex list, each point of Annex A, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On November 18, 2016, the Plaintiff entered into a lease agreement with the Defendant and the second floor of the building listed in the attached list owned by the Plaintiff on the following terms: (a) the attached drawings 1, 2, 3, 4, and 34 square meters inside the ship (hereinafter “instant real estate”) connected each point of the attached list 1, 2, 3, 4, and 1 in sequence:

(hereinafter “instant lease agreement”). Lease deposit amounting to KRW 25 million, monthly rent amounting to KRW 300,000 (payment in later installments on November 25, 2016): From November 25, 2016 to November 24, 2018 (Defendant 24 months) may terminate the instant lease agreement if the lessee (Defendant 24 months) is in arrears for the second period.

Special terms: The lessor is to convert the lease deposit into the lease deposit amount of KRW 50,000,000 when the lessee has increased the lease deposit.

B. From November 20, 2016, the Defendant began to use the instant real estate, and pursuant to the instant lease agreement, the Defendant did not fully pay KRW 300,000,000 for monthly rent from December 25, 2016 to December 25, 2016.

(A) On December 21, 2016, the Defendant deposited KRW 1 into the Plaintiff’s husband’s husband’s account. However, the Defendant stated that “it was deposited to verify whether the money was deposited in the account, but not deposited into the account” on the first date for pleading. (C)

On February 27, 2017, the Plaintiff notified that the instant lease contract will be terminated without paying two or more vehicles, and the Defendant received it around that time.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 8, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant did not pay two or more vehicles, and the instant lease agreement was lawfully terminated around February 27, 2017. Thus, the Defendant delivered the instant real estate to the Plaintiff, and the Defendant is unpaid at the rate of KRW 300,000 per month from December 25, 2016 to the delivery date of the instant real estate.

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