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(영문) 부산지방법원 2019.06.19 2018가단328856

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver the fourth floor 275.99 square meters among the buildings listed in the attached Form;

B. From February 1, 2018, the above-mentioned A

(b).

Reasons

1. Facts recognized;

A. On June 30, 2017, the Plaintiff leased the 4th floor 275.99 square meters (hereinafter “instant building”) among the buildings indicated in the attached Form to the Defendant, by setting the lease period from June 30, 2017 to August 31, 2017, and by setting the 600,000 monthly rent without a lease deposit as 60,000 won.

(hereinafter “instant lease agreement”). B.

From that time, the defendant occupied and used the building of this case from that time to that time.

C. The Defendant did not pay a rent from February 2018 under the instant lease agreement.

Accordingly, on September 19, 2018, the Plaintiff sent to the Defendant a certificate of content that contains a declaration of intent to terminate the lease contract on the grounds of delinquency in rent for at least three years, and the above certificate of content reaches the Defendant on September 20, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 and 2 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to deliver the instant building to the Plaintiff upon the termination of the instant lease agreement on the ground of the delinquency in rent, and to pay the Plaintiff the amount calculated at the rate of KRW 600,000 per month from February 1, 2018 to the completion date of delivery of the instant building from February 1, 2018 to February 1.

3. The defendant's argument that the plaintiff's claim of this case cannot be permitted against the good faith principle on the following grounds.

In other words, C purchased buildings listed in the separate sheet from the Plaintiff and paid most of the purchase price, and as C delayed debt acquisition registration as a result of the Plaintiff’s debt acquisition procedure with respect to the Small and Medium Business Corporation, which C had to assume as a substitute for the payment of part of the purchase price, the Plaintiff and the Defendant concluded the instant lease agreement and paid 600,000 won per month until the transfer of ownership is completed.

However, at the beginning of December 2017, C transfers ownership to the Plaintiff.