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(영문) 전주지방법원 남원지원 2018.02.21 2017가단11606

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate indicated in the annex “real estate indication”;

(b) from July 20, 2017.

Reasons

1. Determination on the cause of the claim

A. 1) On August 19, 2016, the Plaintiff is deemed to be the real estate indicated in the “real estate indication” as indicated in the attached Table between the Defendant and the Defendant (hereinafter “instant commercial building”).

(2) The term of lease under the term of lease is set at KRW 600,000 per month (payment on August 20, 2016, before August 20, 2017) and KRW 10,000,000 for lease deposit (hereinafter “instant lease agreement”).

(1) On August 20, 2016, the date of payment of monthly rent of 20.60,000 on August 20, 2016; on September 20, 2016, the Defendant paid only 60,000 on September 20, 2016 on September 20, 2016; on October 60, 2000 on October 20, 2016; on October 3, 2016, the unpaid portion on October 207, 2016 to the Plaintiff on November 6, 2016; on October 20, 2016, the unpaid portion on November 60, 2016; on October 20, 2017; on November 20, 2016; on June 20, 2016, 2016.

3) Accordingly, on July 24, 2017, the Plaintiff sent a notice to the Defendant that the instant lease contract was terminated due to the delay in rent, and that the Plaintiff seeks to deliver the instant commercial building by August 20, 2017. The said notice was delivered to the Defendant around that time. However, the Defendant paid KRW 1.8 million to the Plaintiff only after July 27, 2017, which was after the receipt of the said notice, after the payment of KRW 1.8 million to the Plaintiff, and thereafter, is operating the automobile repair business, etc. in the instant commercial building and occupying and using it.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including paper numbers) through 4, the purport of the whole pleadings

B. According to the facts of the judgment 1, as long as the annual rent of the defendant, who is the lessee, reaches the three-year rent, the plaintiff is on the ground of this case.