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(영문) 의정부지방법원 2019.02.13 2018가단111342

건물명도(인도)

Text

1. The defendant is against the plaintiffs:

(a) deliver the buildings listed in the separate sheet;

(b) As from April 11, 2018, KRW 1,514,445, and

Reasons

1. Basic facts

A. The Plaintiffs share the buildings listed in the separate sheet (hereinafter “instant commercial buildings”) in 1/2 shares, respectively.

B. On August 1, 2016, the Plaintiffs leased the instant commercial building to Defendant and D as KRW 20,000,000, monthly rent of KRW 1,980,000 (including value-added tax) and from August 1, 2016 to August 30, 2018, and thereafter, transferred the instant commercial building to the Defendant around that time.

C. From September 2016, the Defendant began to delay the rent, and on March 14, 2017, concluded an agreement between the Plaintiffs to extend the lease period to September 30, 2018, along with a special agreement stating that “The Defendant shall settle the unpaid rent of the instant commercial building and endeavor to maintain a normal lease relationship by April 30, 2017.”

As of April 10, 2018, the Defendant’s unpaid rent is KRW 22,60,000, the unpaid management fee is KRW 428,890, and the Defendant occupies the instant commercial building as of the closing date of pleadings.

E. On April 10, 2018, the Plaintiffs filed the instant lawsuit against the Defendant on the grounds of the delinquency in rent for at least three (3) months, with respect to the termination of the instant commercial building, and the relevant warden reached the Defendant on April 20, 2018.

[Ground of recognition] Facts without dispute, Gap 1, 3, 8 evidence, 10 to 12 evidence, facts with merit in this court, the purport of the whole pleadings

2. Determination

A. According to the above facts, the "Commercial Building Lease Protection Act" shall apply to the commercial building lease agreement of this case. Since the defendant's overdue overdue charge reaches the defendant's three-year overdue charge, the plaintiffs may terminate the lease agreement of this case.

(1) Article 10-8 of the Commercial Building Lease Protection Act (Article 10-8 of the Commercial Building Lease Protection Act). Furthermore, inasmuch as the expression of intent by the plaintiffs to terminate the lease agreement was reached to the defendant on April 20, 2018 (the plaintiff asserted that the contract of this case was terminated to the defendant on March 16, 2018, but no evidence exists to acknowledge it). The lease agreement of this case is legitimate on April 20, 201