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(영문) 대구고등법원 2017.02.08 2016나23244

건물명도

Text

1.The judgment of the first instance shall be modified as follows:

The defendant is paid KRW 700,000,000 from the plaintiff.

Reasons

1. Judgment on the plaintiff's request for extradition

A. On October 1, 2013, the Plaintiff entered into a lease contract with the Defendant on the premise that the subject matter of the instant lease among the instant building was KRW 700,00,000, KRW 46,680,00 per month, and KRW 20,00 per month, and the term of lease was 7 years and 4 months from October 1, 2013 to January 31, 2021 (hereinafter “the instant lease contract”). The Plaintiff transferred the subject matter of the instant lease to the Defendant and received the said lease deposit from the Defendant. The Plaintiff did not pay that the Plaintiff was the tea after July 1, 2014, and the Plaintiff expressed his intention to terminate the lease contract with the Defendant on the ground that the overdue overdue amount of the instant building reaches nine (9) and either indicated his intention to cancel the lease contract with the Defendant or indicated his/her intention to cancel the lease contract with the Defendant on the ground that it contained his/her entire number No. 301,50,00.

Therefore, the instant lease agreement was terminated on April 30, 2015 due to the Plaintiff’s declaration of intention of termination on the ground of the failure to pay two or more rents, and barring any other circumstance, the Defendant is obligated to deliver the leased object to the Plaintiff, barring any other circumstance.

B. The Defendant’s assertion that he succeeded to the lease contract 1 as to the Defendant’s assertion was already a corporation that had already entered into a liquidation procedure and completed the acquisition and settlement of assets between the Plaintiff’s acquisition of ownership of the building of this case and the enjoyable world Co., Ltd., and accordingly succeeded to the lessor’s status under the lease contract of this case.

As such, the plaintiff claims the delivery of the leased object of this case to the defendant.