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(영문) 수원지방법원 평택지원 2018.10.26 2018가단52011
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) pay 28,292,290 Won;

2...

Reasons

1. Facts of recognition;

A. On December 9, 2016, the Plaintiff leased (hereinafter “instant lease”) real estate indicated in the separate sheet (hereinafter “instant commercial building”) to the Defendant on the following terms:

Lease deposit: 30 million won, monthly rent of KRW 2.5 million: The monthly rent from December 9, 2016 to December 8, 2026 shall be paid after the lapse of the construction period for two months, and the lease deposit shall be paid in preference to the down payment of KRW 3 million, but the remainder of the deposit shall be paid in the first place on February 20, 2017, and the lessee shall pay the management fee for the lease deposit paid on February 20, 2017.

B. The Defendant unpaid the rent and management expenses, and the Plaintiff’s termination of the lease (1) from March 2017 (the rent from March 9, 2017). The management expenses were not paid from January 2017. On December 2017, the Defendant entrusted the management of the instant commercial building to the business entity operating the franchise business that the Defendant intended to move in. On January 2018, the business entity operating the franchise did not neglect the management of the instant commercial building without giving up the management of the instant commercial building.

(2) Meanwhile, the Defendant’s overdue rent of KRW 25 million (from March 9, 2018 to January 10, 2018), and unpaid management expenses (from January 2017 to January 2018) are KRW 6,276,610.

(3) Meanwhile, the Plaintiff urged the Defendant to pay monthly rent and management expenses on several occasions, and sent a content-certified mail to the Defendant around February 28, 2018, indicating the intent to terminate the instant lease agreement, and the said content-certified mail reached the Defendant around that time.

【Ground for Recognition: Facts that there is no dispute between the parties, or is not clearly disputed, and the purport of the whole entries and arguments in Gap evidence 1 through 3】

2. According to the above facts of determination as to the cause of the claim, the lease contract of this case is deemed to have been lawfully terminated due to the Defendant’s delay of rent. Thus, barring any special circumstance, the Defendant shall operate the commercial building of this case to the Plaintiff.

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