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(영문) 대구지방법원 2020.04.08 2019나310465
건물명도(인도)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall be the plaintiff and the building indicated in the attached list 1.

Reasons

1. Basic facts

A. The Plaintiff is an owner of 1.9 square meters in Daegu Northern-gu, Daegu-gu, and owned a building of this case with a size of 46 square meters in the area of 1.2, 3, 4, and 1 attached Table 1, 2, 3, 4, and 1 connected on each of the above land and the land owned by the State adjacent thereto by the head of the Daegu-gu, Daegu-gu, Seoul-gu, with permission for occupation and use by the head of the Gu from the head of the Gu of the Daegu-gu, which

B. On October 7, 2004, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with the Defendant and the instant building by setting the lease deposit of KRW 20,000,000, monthly rent of KRW 1,500,000, and the lease term of KRW 7, 2004 from October 7, 2004 to October 7, 2007.

C. The Defendant, in accordance with the instant lease agreement, began to operate the instant building in the name of “E” with the payment of the lease deposit to the Plaintiff and the delivery of the instant building, and continues to run the business using the instant building until now.

The Plaintiff and the Defendant have implicitly renewed the instant lease even after the term of lease expires, and the Defendant did not pay the Plaintiff monthly rent from May 16, 2016.

E. Upon filing the instant lawsuit, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the delinquency in payment of rent for at least three years, and the duplicate of the complaint was served on the Defendant on January 25, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6, the result of commission of appraisal to the Daegu Deputy Governor of the Korea Land and Information Corporation by the court of first instance, the purport of whole pleadings

2. The plaintiff's assertion

A. The defendant did not pay more than three vehicles.

For this reason, the Plaintiff’s duplicate of the complaint to the effect that the instant lease contract is terminated is served on the Defendant on January 25, 2018, and the instant lease contract is lawfully terminated, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff.

B. From May 16, 2016, the Defendant is the tea.

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