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(영문) 대구지방법원서부지원 2020.07.02 2019가단6137
건물명도등
Text

1. The defendant is against the plaintiffs:

(a) deliver the buildings listed in the annex sheet;

B. From April 12, 2020, the delivery of the above building.

Reasons

1. Facts without dispute;

A. On October 29, 2018, the Plaintiffs shared 1/2 shares of each of the buildings listed in the separate sheet (hereinafter “instant commercial buildings”). On October 29, 2018, the Plaintiffs entered into a lease agreement with the Defendant as stipulated in the separate sheet (see Evidence A; hereinafter “instant lease agreement”) with regard to the said commercial buildings, 50,000,000, monthly rent of KRW 4,000 (excluding value-added tax), and from November 9, 2018 to November 8, 2020.

B. According to the terms and conditions of the instant lease agreement, the lessor, by December 31, 2018, was given a grace period for interior works until December 31, 2018, to exempt the lessee from the rent for three months from the date of completion of the said construction work.

C. The Defendant paid the instant lease deposit and used the instant commercial building by receiving delivery from the Plaintiff. On April 2019, only the monthly rent was paid, and is in arrears from the following month.

2. The allegations and judgment of the parties

A. Determination on the cause of the claim 1) The fact that the Defendant paid the rent for April 1, 2019 and the Defendant paid the rent for three or more times after the payment of the rent for April 2019 reaches the Defendant on August 20, 2019. Therefore, it is reasonable to deem that the above lease was lawfully terminated, barring special circumstances, and therefore, the Defendant is obligated to deliver the instant commercial building to the Plaintiffs. According to the terms of the instant lease agreement, the Defendant’s obligation to pay the rent for the lessee was incurred from April 1, 2019, and the Defendant paid the rent for April 1, 2019, as seen earlier. Accordingly, the Defendant is obligated to pay the Plaintiffs the rent for the commercial building at the rate of KRW 20,000 or KRW 20,00 from May 1, 2019 to the completion date of the instant lease agreement.

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