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(영문) 대구지방법원 포항지원 2018.10.16 2018가단2064

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) 2018

7.9.As from September 7, the above buildings.

Reasons

1. On September 30, 2014, the Plaintiff entered into a lease agreement with C, setting the term of September 30, 2019 with respect to D warehouse sites 450.2 square meters (hereinafter “instant warehouse sites”) owned by C, with respect to the instant warehouse sites by setting the lease term up to September 30, 2019. The Plaintiff concluded a lease agreement with C to construct one building on the instant warehouse site and use it and return it to C as its original source.

On the ground of the instant warehouse site, the Plaintiff newly constructed a building listed in the attached list (hereinafter referred to as “instant building”) on the ground of the instant warehouse site, and on March 21, 2017, the Plaintiff sub-leased the instant building to the Defendant by setting the period from April 1, 2017 to 30 months from April 1, 2017, respectively, as KRW 2,000,000, 3700,000, and 30,000, respectively.

(hereinafter “The instant sub-lease contract”). The Defendant paid the said sub-lease deposit to the Plaintiff pursuant to the instant sub-lease contract from around the said time, and did not pay the sub-lease from November 2017 to the time the instant building was occupied and used.

On April 10, 2018, the defendant paid 400,000 won to the plaintiff as the sub-lease rent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts of the above recognition, since the sub-lease contract of this case was lawfully terminated due to the defendant's delinquency in rent, the defendant is obligated to deliver the building of this case to the plaintiff and to pay the plaintiff the rent of this case at the rate of KRW 370,00 per month from July 9, 2018 to the completion date of delivery of the building of this case, as requested by the plaintiff.

(The amount of KRW 2,20,000 is deducted from the total amount of the rent in arrears from November 201, 2017 to April 2018. The Plaintiff did not seek the difference, and 400,000,000, which was paid on April 10, 2018, received on May 10, 2018 and June 6, 201 for convenience. In conclusion, the Plaintiff’s claim in this case is reasonable.