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(영문) 서울동부지방법원 2019.01.18 2018가단15827
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall have the real estate listed in the attached list No. 1, and Defendant C Co., Ltd. shall be the same.

Reasons

1. Determination as to the cause of claim: (a) on September 25, 2017, the Plaintiff: (b) leased each real estate listed in the separate sheet owned by the Plaintiff on September 25, 2017 to Defendant B Co., Ltd. (hereinafter “B”); (c) KRW 75 million per month; (d) the end of each month of the rent payment; (e) the lease period from October 20 to October 19, 2017 (hereinafter “instant lease”); and (d) the lease period from October 20, 2017 to October 19, 2019 (hereinafter “instant lease”); (c) the Plaintiff’s failure to pay two or more rents as of June 30, 2018; (d) the Plaintiff’s failure to pay KRW 2,475 million; (e) notified the Plaintiff of his intention to terminate the instant lease on the grounds of arrears; (e) the Plaintiff’s failure to pay the Plaintiff’s announcement of intention to possess the instant lease; (e) establishment of the Plaintiff’s evidence No. 21 and the Plaintiff.

According to the above facts, the right to terminate the contract under the instant lease agreement was created by the failure of Defendant B to pay more than two vehicles, and the instant lease agreement was terminated upon the Plaintiff’s exercise of the right to terminate the contract on August 22, 2018.

Therefore, Defendant B Co., Ltd. is obligated to deliver the real estate listed in the attached list No. 1 to Defendant C, and each of the real estate listed in the attached list No. 2 to Defendant C, and Defendant B is obligated to pay the overdue rent of KRW 24.75 million and the overdue rent of KRW 8.25 million from July 1, 2018 to the completion date of delivery of the above real estate.

2. The defendants' assertion that there was no rent which could terminate the lease contract, since the defendants continued to pay rent after two or more years of rent, but the defendants did not have any rent that could be terminated.

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