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(영문) 수원지방법원 2017.05.30 2016가단804745

건물명도

Text

1. The defendant is against the plaintiff (appointed party) and the appointed party C

(a) an indication of the Attached Form No. 1, 2, 3, and 3 among the buildings listed in the Attached List;

Reasons

1. Facts of recognition;

A. On January 6, 2016, the Plaintiff (Appointed Party) and the Appointed C (hereinafter “Plaintiff, etc.”) concluded a lease agreement with the Plaintiff, etc. with the terms that the Defendant leases the building specified in the Disposition No. 1 (hereinafter “instant building”) from the Plaintiff, etc. as KRW 50,000,000, monthly rent of KRW 4,400,00 (including value-added tax, annual rent of KRW 11), and the lease period from February 12, 2016 to February 12, 2018 (hereinafter “instant lease agreement”).

B. The main contents of the instant lease agreement are as follows.

2. Monthly rent, the additional tax rate;

3. A contract is terminated at the time of arrears for three months in the monthly rent, on a conclusive basis;

C. On July 11, 2016, September 11, 2016, and December 11, 2016 through February 11, 2017, the Defendant delayed payment of KRW 2,200,000, one half of the rents to be paid on November 11, 2016.

After receiving a duplicate of the instant complaint on March 10, 2017, the Defendant paid the sum of KRW 28,600,000 in arrears and the rent to be paid on March 11, 2017. On April 12, 2017, the Defendant paid KRW 4,400,000 in arrears.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Gap evidence 4, Gap evidence 8, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant did not pay the Plaintiff, etc. for more than three months, and the grounds for termination stipulated in the instant lease agreement arose, and the instant complaint containing the Plaintiff, etc.’s declaration of intent to terminate the instant lease agreement was served on January 5, 2017, and the instant lease agreement was lawfully terminated.

I would like to say.

(B) The instant lease contract was terminated by the delivery of the duplicate of the complaint of this case, and the payment of the rent unpaid by the Defendant thereafter does not affect the termination of the contract). Therefore, the Defendant delivered the instant building to the Plaintiff, etc., and as sought by the Plaintiff, etc., the said lease contract from April 13, 2017.