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(영문) 광주지방법원목포지원 2017.12.13 2017가단4902

건물명도 등

Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the separate sheet, each point of Annex A, 2, 3, 1, 1.

Reasons

1. Basic facts

A. On March 2016, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with regard to the lease period of KRW 166.77 square meters on the ship (A), which connects each point of (a), 2, 3, 100 square meters in sequence, among the real estate listed in the attached list in which the Plaintiff and Nonparty C shared 1/2 shares, as well as each of the real estate listed in the attached list in which Nonparty C shared 1/2 shares, by setting the lease period from March 5, 2016 to March 4, 2018, as KRW 20 million and KRW 1.4 million per month.

At the time, the Plaintiff and the Defendant paid KRW 10 million out of the lease deposit until the end of October 2016, and the Defendant continued to pay the rent more than twice, the Plaintiff may immediately terminate the instant lease contract, and when the lease contract is terminated, the Defendant agreed to restore the instant store to its original state and return it to the Plaintiff.

B. Around March 2016, the Defendant paid KRW 10 million out of the lease deposit to the Plaintiff, and commenced business upon receiving the instant store’s delivery. The Defendant did not pay the remainder deposit KRW 10 million even after the end of October 2016, and continued to pay the rent from March 26, 2017.

C. Meanwhile, the Defendant, while occupying and using the instant store, uses as a warehouse the portion (B) of 15 square meters in the ship (hereinafter “instant warehouse site”) that connects each point of 1, 5, 6, 7, and 15 square meters in sequence among the real estate listed in the attached list, which is adjacent thereto, among the real estate listed in the attached list.

[Reasons for Recognition: Facts without dispute, entry in Gap 1, 2, and 5 evidence, purport of the whole pleadings]

2. Determination:

A. We examine the determination as to the cause of the claim. The Defendant’s failure to pay the rent under the instant lease agreement at least twice consecutively from March 26, 2017 is as seen earlier, and a duplicate of the complaint of this case containing the Defendant’s expression of intent to terminate the instant lease agreement on the ground of the foregoing delinquency in rent, as seen earlier. < Amended by Act No. 1530, Aug. 16, 2017>