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(영문) 서울북부지방법원 2019.01.11 2018가단112601
건물명도(인도)
Text

1. The defendant is against the plaintiff (appointed party), the appointed party C, D, and E

A. The real estate indicated in the Annexed Real Estate.

Reasons

1. Facts of premise;

A. On March 16, 2017, the Plaintiff (Appointed Party), the Appointed Party C, D, and E (each co-ownership share 1/4; hereinafter “Plaintiff, etc.”) as co-owner of the building indicated in the attached property indicated in the attached Table, leased the above floor to the Defendant with the following content (hereinafter “the lease, etc. of this case”).

Article 6 of the Lease Deposit: 10,00,000, monthly rent of KRW 1,100,000 (including value-added tax, and after-payment each month), and the lease term of KRW 10,000,000 for monthly management expenses, from March 16, 2017 to March 15, 2018: In cases where a lessee fails to pay a rent on at least three occasions, the lessor may terminate the lease.

B. The Defendant received the delivery of the above sub-story from June 16, 2017, and the management fee was not paid at all for the period from March 16, 2017.

C. On February 26, 2018, the Plaintiff et al. issued to the Defendant a notice of the termination of the lease to the effect that “if the monthly rent, etc. in arrears is not paid by February 28, 2018, the Plaintiff et al. shall deliver to the Defendant a notice of the termination of the lease, prior to the expiration of the lease term, the Plaintiff et al. continues to occupy and use the above strata by refusing

[Ground of recognition] Facts without dispute, entry of Gap 1-3 evidence, purport of the whole pleadings

2. Determination

A. The lessor’s highest procedure is unnecessary for the termination of the lease based on the delayed lease of the instant case.

(See Supreme Court Decision 62Da496 delivered on October 11, 1962). However, according to the premise, Article 10-8 of the Commercial Building Lease Protection Act also applies to the case where the Defendant’s rent for the three-year period constituting grounds for termination of the contract.

In excess, the plaintiff delayed the payment of the rent with the deadline set by the defendant, and notified that the lease should be terminated if the contract is terminated.

Therefore, the instant lease agreement was automatically terminated at least by the expiration of the lease term, and even if it was implicitly renewed by March 15, 2019 as the Defendant’s assertion, the duplicate of the instant complaint on the ground of termination of the lease due to the delay of rent was made on May 4, 2018.

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