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(영문) 대구지방법원 2015.11.24 2015가단117957

건물명도

Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

2. Defendant A shall pay 8,800,000 won to the Plaintiff.

Reasons

1. On February 10, 2015, the Plaintiff entered into a lease agreement with Defendant A, with regard to the buildings listed in the separate sheet owned by the Plaintiff, with the term of KRW 20,000,000, monthly rent of KRW 2,000 (in addition to value-added tax, advance payment on February 23, 2015) and the term of lease from February 23, 2015 to February 23, 2017 (24 months).

Defendant A established Defendant B and used the buildings listed in the current attached list as the seat of its head office.

Defendant A paid the rent for the first month, but did not pay the rent thereafter.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, respectively. 2. Determination

A. Since Defendant A’s claim against Defendant A did not pay the monthly rent more than twice, the lease agreement was terminated by the delivery of a copy of the instant complaint containing the Plaintiff’s intent to terminate the contract on this ground.

Therefore, Defendant A has a duty to deliver to the Plaintiff the building indicated in the attached list, which is the leased object, and to July 22, 2015 (four months) from March 23, 2015, Defendant A is obligated to pay the Plaintiff the amount calculated by applying the rate of KRW 8,800,000 (2,200,000 X 4 months) and the amount equivalent to the monthly rent from July 23, 2015 to July 23, 2015.

B. Since Defendant B did not have a legitimate source of right to oppose the Plaintiff, Defendant B, a claim against Defendant B, also has the duty to deliver the building indicated in the attached list to the Plaintiff.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is accepted.