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(영문) 광주지방법원 2019.11.15 2019나54671

건물명도(인도)

Text

1. The judgment of the court of first instance is modified as follows.

From 70,000,000 to 70,000, the defendant is from June 5, 2019.

Reasons

1. Basic facts

A. On March 5, 2014, the Defendant paid KRW 5,300,000 (excluding value-added tax) from the Plaintiff, the owner of the building listed in the separate sheet, on the first floor of the building in question, to KRW 1,20,30,50,000 (excluding value-added tax) monthly, the lease agreement was concluded between 00,000 and 00,000 (excluding value-added tax) from March 5, 2014 to October 4, 2019, the lease agreement was concluded between 0,000,000 (excluding value-added tax); the lease agreement was concluded between 0,000,00 won and 5,50,000 won from April 5, 2016 to March 4, 2014 (excluding value-added tax); and the Defendant concluded the lease agreement between 0,000,000 won and 00,000 won (hereinafter “the lease agreement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff asserted that the Defendant expressed his intent to terminate the instant lease contract orally before the instant lawsuit was filed, but there is no evidence to acknowledge this.

(2) The Plaintiff asserts that the instant lease contract is terminated by serving a copy of the complaint of this case on the grounds of the Defendant’s delay of rent, based on Article 10-8 of the Commercial Building Lease Protection Act.

Article 10-8 of the Commercial Building Lease Protection Act provides that "if the annual rent of a lessee amounts to the rent of three or more terms, the lessor may terminate the contract."

According to the above evidence, Gap evidence, Eul evidence Nos. 3, 4, and Eul evidence Nos. 1-3 through 3, the defendant's presentation of his/her intention to terminate the lease contract of this case to the defendant on the ground of his/her rent delay was one time difference in August 10, 2018, and one time difference in 2017. < Amended by Presidential Decree No. 28070, Aug. 10, 2018>