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(영문) 부산지방법원동부지원 2019.06.13 2018가단13020
건물명도(인도)등
Text

1. The defendant shall be the plaintiff.

(a) Attached drawings (1), (2), (3), (4), and (1) of the real estate listed in the attached list;

Reasons

1. Facts of recognition;

A. On July 6, 2017, the Plaintiff: (a) indicated in the attached Form No. 1, (2), (3), (4), and (1) a part of (A) part of (A) on the ship connected in sequence of each point (hereinafter “the leased part of this case”) in the attached Form No. 30 million won; (b) a monthly rent of KRW 1.65 million (including value-added tax); and (c) a lease period from August 1, 2017 to July 31, 2019.

Public charges such as water rates and electricity rates under contract were determined to be borne by the defendant.

B. The Defendant operated a gymnasium (C) in the instant leased area, and was not paid monthly rent, etc. from October 2017, and was notified by the Plaintiff on October 2018 (on November 30, 2018, the termination date).

The Defendant continues to operate a gymnasium in the leased area of this case even thereafter.

C. Meanwhile, rent, public charge, etc. payable by the Plaintiff to the Defendant is the sum of KRW 20,012,960 as of April 30, 2019.

[Ground] Facts without dispute, entry of Gap 1 through 8 (including virtual numbers) and the purport of the whole pleadings

2. Determination:

A. According to the above facts, the lease contract on November 30, 2018 is deemed to have been lawfully terminated.

As to this, the Defendant promised to change the use of the building at the time of the instant lease contract, which was the parking lot, but did not properly implement it, and the Defendant continued to demand and demand that it (in the case of sports halls operated by the Defendant, accident insurance is important, but it was not possible to carry out the insurance unless the change of use is made). The Defendant promised not to receive monthly rent until the change of use is made, and the Defendant did not pay rent accordingly.

However, it is insufficient to view that the Plaintiff promised not to receive monthly rent until the change of the purpose of use is made only with the descriptions of the evidence Nos. 1 and 2, and there is no other evidence to acknowledge it.

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