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(영문) 대구지방법원 2018.08.31 2017가단18894

부동산인도등

Text

1. The defendant is against the plaintiffs:

(a) deliver the fourth floor of 122.32 square meters among the real estate listed in the attached list;

(b) 3,900,000 Won;

Reasons

1. Facts of recognition;

A. On May 13, 2005, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 3 million, monthly rent of KRW 300,000,000,000 from May 15, 2005 to May 14, 2008 with regard to the fourth floor 122.32 square meters (hereinafter “instant store”) among the real estate listed in the attached list owned by the Plaintiffs.

B. The instant lease contract has been implicitly renewed after the expiration of the period, and the Defendant did not pay monthly rent, and the Plaintiffs notified the Defendant that the instant lease contract will be terminated on the ground that the monthly rent would be unpaid.

C. Monthly taxes unpaid until July 14, 2017 are 3.9 million won, and monthly taxes are not payable thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the instant lease agreement was lawfully terminated upon the Plaintiffs’ declaration of termination on the grounds of the Defendant’s failure to pay monthly taxes.

I would like to say.

Therefore, the Defendant shall deliver the instant store to the Plaintiffs, and shall pay the monthly rent of KRW 3.9 million, which was unpaid until July 14, 2017, and the amount of delay damages calculated at the rate of KRW 5,50,000 per annum as prescribed by the Civil Act from July 15, 2017 to September 15, 2017, the delivery date of a copy of the instant complaint from July 15, 2017, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment. The Defendant is obligated to pay the amount equivalent to the monthly rent calculated at the rate of KRW 3,00,00 per month from July 15, 2017 to the day of the completion of delivery

B. As to the Defendant’s assertion, the Defendant alleged that the number of times is serious due to the deterioration of the building, and that the toilet door cannot be used as it requested repair from the Plaintiffs, and that the Plaintiffs did not comply with the request, but the monthly rent was not paid. However, the Defendant’s evidence Nos. 1 and 3 (including the paper number).