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(영문) 광주지방법원 2018.12.13 2018가단518849 (1)

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

A. Of the real estate listed in attached Table 1 List 1, attached Form 1.2, multi-family houses with two floors (four households) and 213.78 square meters.

Reasons

1. Determination as to the cause of claim

A. (1) On March 11, 2014, the Plaintiff, as the owner of a multi-family house, entered into a lease contract with the Defendant with the content that the Defendant is a social welfare facility operated by the Defendant.

From November 2015, 200 Won 122,260, Gwangju Seo-gu, 1 Gwangju-gu, 203 No. 4,603,00 of the monthly rent termination date of the rent deposit for real estate purchase to pay rent, from July 7, 2016, 200 Won 304, 4,258,000 of the 2nd Seo-gu, Seo-gu, Gwangju-gu, Gwangju-gu, Gwangju-gu, Gwangju-gu, 302, 402,603,00 won, KRW 114,410 of the 3nd-gu, Gwangju-gu, 3nd-gu, Gwangju-gu, 3rd-gu, 400 won to pay rent, and (2) the Defendant was not liable to pay rent monthly from August 2015 to the date stated in the above table, on the ground that each of the above lease agreements is terminated due to consecutive delay of rent for three months or more.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 6, purport of the whole pleadings

B. According to the above facts of recognition, each of the above lease agreements between the Plaintiff and the Defendant was lawfully terminated on July 19, 2018, when the duplicate of the complaint of this case was served on the Defendant due to the Defendant’s nonperformance of obligation, and thus, the Defendant is obligated to deliver each of the real estate indicated in the above table to the Plaintiff, barring special circumstances

2. As to the Defendant’s assertion, the Defendant is expected to pay a close fee and maintain each of the above lease agreements, and thus, it cannot respond to the Plaintiff’s claim seeking delivery of each of the above real estate. However, as alleged by the Defendant, the circumstance as alleged by the Defendant does not constitute a justifiable ground for refusing the Plaintiff’s claim for delivery, and thus, the Defendant’

3. If so, the plaintiff's claim is reasonable and acceptable.