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(영문) 울산지방법원 2019.07.25 2019가단967
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the real estate listed in the attached Form, each point indicated in the attached Form 1, 2, 3, 4, and 1 shall be in sequence.

Reasons

1. Basic facts

A. On December 4, 2002, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On January 19, 2015, the Plaintiff entered into a lease contract with the Defendant, setting the lease deposit amount of KRW 10 million, KRW 9 million for monthly rent (payment on January 24, 2015), and from January 19, 2015 to January 18, 2017, with respect to the leased property portion of KRW 52.3 square meters in the ship (a) connected in sequence with the indication of the attached drawing Nos. 1, 2, 3, 4, and 1 among the first floor of the instant real estate (hereinafter “the leased object of this case”). The Defendant, after paying the above deposit, was delivered the leased object of this case on January 24, 2015.

At the time of the instant lease agreement, the lessor agreed to the effect that “if the rent in arrears of the lessee amounts to the two-term rent, the lessor may terminate the contract immediately.”

C. Around January 11, 2019, the Defendant did not pay the Plaintiff rent and water fee for the sum of three months in March 2016, November 2018, and December 2018. Around January 11, 2019, the Plaintiff sent a content-certified postal item stating the Defendant’s demand for performance.

After that, a copy of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the instant lease agreement, was served on the Defendant on or around February 27, 2019.

Around February 7, 2019, the Defendant paid to the Plaintiff KRW 1,90,000,000,000, out of the total amount of the rent for the said three-month and the water fee for the said three-month period. On March 25, 2019, the Defendant paid KRW 920,000 (the total amount of the rent for the rent and the water fee for the rent for the said three-month period from January 2019 to March 2019).

[Grounds for recognition] Gap evidence 1 to 3 (including paper numbers), Eul evidence 1, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. Article 10-8 of the Commercial Building Lease Protection Act, in the event that the lessee is in arrears at the time of the instant lease agreement, amounts to the lessee’s delayed rent of three or more terms.

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