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(영문) 대전지방법원 2017.11.17 2017가단204183

건물명도(인도)

Text

1. From 50,00,000 won to 50,000 won, the Defendant shall start from September 26, 2016 to the completion date of delivery of the buildings listed in the separate sheet.

Reasons

1. Basic facts

A. On November 2013, the Defendant: (a) leased the part of the building indicated in the separate sheet (hereinafter “instant building”) as part of the first floor of the instant building from D, the owner of the building of the third floor on the ground of the Daejeon Seodong-gu Daejeon (hereinafter “instant real estate”); (b) as lease deposit money; and (c) from February 23, 2014, the Defendant occupied and used the instant building from February 23, 2014.

B. On November 23, 2015, the Plaintiff and the Plaintiff’s spouse, purchased the instant real estate from D, and completed the registration of ownership transfer on the instant real estate on November 6, 2015.

C. On December 18, 2015, the Defendant prepared a new lease agreement between E and E with the same amount as KRW 50 million in terms of the lease deposit for the instant building as before, and KRW 600,000 in monthly rent (payment on December 25, 2015), from December 25, 2015 to December 25, 2017.

(hereinafter “the lease of this case”) D.

E Deceased on December 9, 2016, the Plaintiff died, and the Plaintiff completed the registration of ownership transfer for E’s share out of the instant real estate due to an inheritance due to a consultation division.

E. From October 2016, the Defendant did not pay a rent for the instant lease. On January 6, 2017, the Plaintiff sent a proof of the content that the Plaintiff notified the Defendant of the termination of the instant lease on the ground that the Plaintiff was in arrears for at least three years of rent.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 4, the purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the lease of this case was lawfully terminated on January 6, 2017 according to the Plaintiff’s declaration of termination on the ground of the Defendant’s delay of rent, barring any special circumstance.

Unless there are special circumstances, the defendant delivers the building of this case to the plaintiff, and the defendant is in arrears calculated at the rate of KRW 600,000 per month from September 26, 2016 to the completion date of delivery of the building.