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(영문) 대전지방법원 2017.01.11 2016가합103488

부동산인도 등

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1. The Defendants deliver to the Plaintiff each real estate listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. On July 8, 2013, the Plaintiff leased each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) to Defendant B Co., Ltd. with the lease deposit of KRW 200,000,000, monthly rent of KRW 18,000,000 (payment on July 30), and the lease term of KRW 30,000,000 (payment on July 8, 2013) from July 8, 2013 to July 30, 2018.

(hereinafter “instant lease agreement”). Defendant C guaranteed the duty under the said lease agreement to the Plaintiff of Defendant B Co., Ltd.

B. Article 4 of the instant lease agreement grants the lessor the right to terminate the contract in a case where the amount of the rent in arrears by the lessee reaches the amount of two-term rents.

After the conclusion of the lease contract, Defendant B was in arrears of KRW 47,956,700 from May 30, 2016.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. The fact that Defendant B was in arrears with the amount of more than two parts of a period is as seen earlier, and the fact that the complaint of this case, on the grounds of which the declaration of intent to terminate the instant lease agreement, was served on the Defendants on June 27, 2016, is apparent.

B. Since the instant lease contract was terminated, Defendant B and Defendant C, the lessee, are obligated to deliver the instant real estate to the Plaintiff.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.