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(영문) 대전지방법원천안지원 2016.08.25 2015가단106253

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From March 20, 2015, the above A

subsection (b).

Reasons

1. Basic facts

A. On February 27, 2012, the Plaintiff entered the instant lease agreement into “Yannam-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, and D,” but the copy of the register is “Yancheon-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Chungcheongnam-gu,” and both appears to be the same parcel number.

(A) As to the instant building (hereinafter “instant building”), the Plaintiff entered into a lease agreement with the lessor, Defendant, lessee, lease deposit amounting to KRW 15,00,000, monthly rent of KRW 550,000, and the lease term of KRW 36 months from March 20, 2012 (hereinafter “instant lease agreement”).

B. According to the instant lease agreement, a lessee may not change the purpose or structure of the real estate without the consent of the lessor, or use it for any purpose other than the original purpose (Article 3), and the lessor may terminate the lease agreement if the lessee fails to pay the rent by up to two terms (Article 4), and the lessee shall restore the leased real estate to its original condition upon termination of the contract and return it to the lessor.

(Article 5) is set forth.

C. Although the Defendant paid a rent for a period of ten months after the conclusion of the instant lease agreement, the Defendant did not pay a rent thereafter, and thus, did not pay a rent thereafter, it is under the circumstance that the Defendant was the difference of KRW 14,300,000 in total as of March 19, 2015 (i.e., KRW 550,000 per month x 26 months).

On March 5, 2015, the Plaintiff sent to the Defendant a certificate that the instant lease agreement expired as of March 20, 2015, and the Defendant’s termination of the instant lease agreement on the grounds of not less than two years in arrears. Around that time, the content certification reached the Defendant. On July 14, 2015, the Plaintiff filed the instant lawsuit against the Defendant stating that “The instant lease agreement is terminated on the grounds of the expiration of the lease term or the delayed payment for more than two years, and thus, sought delivery of the instant building and payment for overdue payments.”