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(영문) 창원지방법원거창지원 2017.09.05 2017가단10485

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant A’s real estate listed in Annex A’s Schedule 1;

B. Defendant B is listed in Appendix 1 List 2.

Reasons

1. Determination as to the claim against Defendant A

A. The part of the claim as to Defendant A, among the grounds for the claim’s indication attached to attached Form 2.

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private capital);

2. Determination as to the claim against the defendant B

A. According to the evidence No. 2-1, 2, and 3 of the judgment as to the cause of the claim, the Plaintiff leased to Defendant B on September 24, 2014 the real estate indicated in the attached Table No. 1-2, which is the publicly constructed rental housing under the Rental Housing Act, to Defendant B, with the lease deposit amount of KRW 16,474,00,00, monthly rent of KRW 131,790, and the lease term of KRW 2 years (hereinafter “instant lease contract”), and the instant lease agreement.

5. The fact that Article 10(1)4 of the General Conditions of Contracts provides that a lessor may terminate a lease agreement if the lessee has been in arrears for at least three consecutive months, on the other hand, the lessee may terminate the lease agreement. ② Defendant B failed to pay the Plaintiff the sum of the rent, etc. for six months from June 15, 2016 to January 2017, as of February 15, 2017. As such, it is evident in the record that the copy of the complaint of this case, stating the Plaintiff’s declaration of intention to terminate the lease agreement of this case on the grounds of default, such as the rent, etc. of Defendant B, reaches Defendant B on May 23, 2017. Thus, the lease agreement of this case was lawfully terminated.

Defendant B is obligated to deliver to the Plaintiff the real estate stated in attached Table 1 List 2.

B. As to the judgment on the Defendant’s assertion, Defendant B submitted a written reply to the purport that he would pay the rent in arrears by December 2017, but as long as the instant lease contract was already terminated due to Defendant B’s default on rent in arrears, the Defendant’s declaration of intention to pay the rent in arrears cannot be deemed to be valid again, and the above assertion by the Defendant is rejected.

3. If so, each of the plaintiff's defendants.