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(영문) 전주지방법원 2019.08.29 2018가단33239

건물명도 등

Text

1. The Defendant shall have a 349.80 square meters of sports facilities of the second floor and 349.80 square meters of sports facilities among the real estate listed in the attached list to the Plaintiff.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 7 (including each number, if any) as to the cause of the claim, the following facts are acknowledged: (a) as the owner of real estate listed in the separate sheet on November 1, 201, the sum of the leased deposit amount of KRW 60 million, monthly rent of KRW 6.3 million (including additional tax, KRW 7.3 million from January 1, 201 to June 30, 201; and (b) the lease agreement was concluded between the defendant and one other (hereinafter “instant lease agreement”); (c) the lease agreement was concluded between the plaintiff and the non-party on November 1, 201 to June 30, 201; and (d) the lease agreement was concluded between the defendant and the non-party on June 1, 2013 to June 30, 2015 to the extent that the lessee did not solely pay the instant real estate amount to KRW 3.1 million.

According to this, since the lease contract of this case was terminated by the plaintiff's notice of termination, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay 230,080,000 won and 7.3 million won per month from December 1, 2018 to the completion date of delivery of the real estate of this case.

2. The conclusion is that the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.