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(영문) 대구지방법원의성지원 2015.07.15 2015가단10082

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver 47.6 square meters in a single-story store in Sung-gun, Sung-gun, Chungcheongnam-gun, Gyeongbuk-gun, Gyeongbuk-gun;

(b)2.2.

Reasons

1. Basic facts

A. The Plaintiff and D shared 1/2 shares of 47.6 square meters (hereinafter “the instant building”) in a single-story store in the Gyeongdong-gun, Gyeongbuk-gun, Gyeongbuk-gun, Seongbuk-do.

B. Around December 10, 2012, D entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the terms of KRW 1,000,000 as to the instant building, from October 10, 2012 to December 9, 2022, from December 10, 2012 to December 10, 202, and KRW 200,000 as the rent (payment on December 10, 201).

C. Meanwhile, the Defendant did not pay D the remainder in addition to the payment of KRW 1,800,000 for nine months from November 2013 to July 2014.

D) Around November 20, 2014, the Defendant sent a content-certified mail to the effect that the instant lease contract is terminated on the grounds that the said two or more vehicles were overdue, and around that time, the said content-certified mail reached the Defendant, but the Defendant occupied and used the instant building until the date of closing the argument.

E. On February 3, 2015, D donated 1/2 shares among the instant building to the Plaintiff, and on February 5, 2015, D completed the registration of ownership transfer of the said shares under the Plaintiff’s name, and transferred the rent bonds that were not paid by the Defendant and notified the Defendant of the said transfer on February 12, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap No. 1, 2, 3, 12, 13, Eul evidence No. 4, the purport of the whole pleadings

2. According to the facts in the judgment on the cause of the claim, the instant lease agreement is lawfully terminated on the grounds of the Defendant’s delinquency in rent for at least two years, and the Defendant is no longer entitled to occupy the instant building. Thus, the Defendant delivers the instant building to the Plaintiff, the owner of the instant building, and the Plaintiff is 800,000 won (=20,000 won x 4 months x 4 months) equivalent to the rent that occurred during four months from March 2015 to June 11, 2015, as sought by the Plaintiff. < Amended by Act No. 13337, Jun. 12, 2015>