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(영문) 창원지방법원 진주지원 2018.08.07 2018가단2215
건물인도 등
Text

1. The Defendant from May 10, 201 to the completion date of delivery of the building indicated in the separate sheet from 20,000 to 20,000 won.

Reasons

1. Basic facts

A. On November 12, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the deposit amount of KRW 20 million, monthly rent of KRW 700,000, and the term of lease from November 30, 2016 to November 30, 2018, on the attached list (hereinafter “instant building”).

(hereinafter “instant lease agreement”). B.

From January 10, 2018 to March 10, 2018, the Defendant issued to the Defendant a certificate of the purport that the instant lease agreement will be terminated unless the Plaintiff pays a three-month difference by March 15, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the instant lease contract was lawfully terminated due to the Defendant’s delinquency in payment, and the Defendant, barring any special circumstance, is obligated to pay the Plaintiff rent of KRW 20 million from January 10, 2018 to the completion date of delivery of the instant building, calculated at the rate of KRW 700,000 per month from January 10, 2018 to the completion date of delivery of the instant building, and to deliver the instant building to the Plaintiff at the same time.

B. The Defendant alleged that the Defendant paid part of the rent in arrears to the Plaintiff. As such, the Defendant’s payment of the rent to the Plaintiff by May 9, 2018 is without dispute between the parties.

However, even if based on the above facts of recognition, it is reasonable to view that the defendant still delays the payment of two or more vehicles to the plaintiff. Thus, the lease contract of this case was lawfully terminated and terminated.

Therefore, the defendant's delivery of the building of this case from May 10, 2018, which was the date of delinquency in rent from the plaintiff at KRW 20 million.

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