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(영문) 부산지방법원서부지원 2017.12.08 2017가단3404

건물인도 등

Text

1. The defendant shall be the plaintiff.

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

B. From August 13, 2016, the above A

(b) the delivery of the paragraph;

Reasons

1. Basic facts

A. On May 11, 2010, the Plaintiff first leased the building indicated in the attached list (hereinafter “instant housing”) owned by the Plaintiff (hereinafter “C”) to the Defendant (hereinafter “instant housing”) as KRW 10,000,000,000, monthly rental deposit, KRW 400,000, and the lease term until May 12, 2012.

(hereinafter “instant lease agreement”). B.

The Defendant paid 10,000,000 won to the Plaintiff according to the instant lease agreement, and began to use the instant housing after delivery from around that time.

C. Upon the expiration of the instant lease agreement, the Plaintiff entered into a renewal agreement with the Defendant on August 14, 2012, but the lease term is 12 months until August 14, 2013, and stipulated in the special agreement clause “not to renew the contract after 2013” in the special agreement clause.

Although the above term of lease has expired again, the contract has been renewed under the implied consent of both the original and the defendant.

E. On July 13, 2014, the Defendant delayed payment of the rent upon the commencement of the monthly rent payable on July 13, 2014. Accordingly, on May 30, 2017, the Plaintiff terminated the instant lease agreement on the ground that the Defendant did not pay the rent for 34 months.

The content certification was sent to the defendant at that time. The above content certification was served to the defendant.

F. Notwithstanding the above content certification, the defendant has not continued to pay rent and has occupied and used the house of this case until now.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap 1 through 4 (including virtual numbers) and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination on the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination on the ground of delinquency in payment of rent for at least two years, barring special circumstances, the Defendant shall deliver the instant house to the Plaintiff, which is the object of the lease, and the amount equivalent to the rent or the rent from July 13, 2014 to the completion date of the delivery.