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(영문) 울산지방법원 2019.01.23 2018가단9981
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) 1, 2, 3, 4 and 1. of the same list of real estate listed in the separate list.

Reasons

1. Facts of recognition;

A. On January 2017, the Plaintiff: (a) specified the lease term as “before the instant commercial building is sold in lots”; and (b) monthly rent of KRW 500,00 (payment by the last day of each month)” with respect to the two-story D of C Station 2, which connects each point of the said list among the real estate listed in the separate sheet No. 1, 2, 3, 4, 4 and 1 (hereinafter “instant commercial building”).

(hereinafter “instant lease agreement”). B.

From February 2017, the defendant has been transferred to the commercial building of this case from around February 2017 and operated the clothing store.

C. From February 2017 to April of the same year, the Defendant paid the Plaintiff a sum of KRW 1,500,000 for monthly rent from February 1, 2017, but did not pay the Plaintiff the monthly rent from May 1, 2017.

On April 11, 2018, the Plaintiff: (a) presented to the Defendant on May 201, 2017 through March 208, 2018 the content of the instant lease agreement; (b) provided that the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the delinquency in rent for at least three (3) months.

A) The instant content certification was sent to the Defendant around that time, and the instant content certification was served on the Defendant.

2. Determination

A. According to the facts of the judgment as to the cause of the Plaintiff’s claim, the instant lease agreement was lawfully terminated at the time when the certificate of content of the instant case, stating the Plaintiff’s intention to terminate the lease agreement on the ground of the Defendant’s delinquency in rent for more than three years, was delivered to the Defendant. Therefore, the Defendant is obligated to deliver the instant commercial building to the Plaintiff, and to pay the Plaintiff the rent or rent equivalent to the rate of KRW 500,000 per month from May 1, 2017 to the completion date of the delivery of the instant commercial building.

B. The defendant's argument is that the former representative director failed to properly manage the commercial building of this case after the death of the former representative director, and thus, he/she did not pay monthly rent after consultation with the new representative director E.

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