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(영문) 부산지방법원 2018.01.30 2017가단18329
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) pay 6,434,719 Won;

2...

Reasons

1. Basic facts

A. On April 16, 2014, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 20,00,000, monthly rent of KRW 1,320,00 (including value-added tax), management fee of KRW 246,40 (including value-added tax), management fee of KRW 246,40 (including value-added tax), and from July 16, 2014 to July 15, 2016 (hereinafter “instant lease agreement”), and the main contents thereof are as follows.

Article 3 (Period of Lease Contract) (2) In the event that “A” or “B” does not express its intent in writing at least three months prior to the expiration date of the term of the contract, such as the termination or modification (including notification of re-contract) of this Agreement, “A” and “B” are deemed to have been automatically extended the term of the lease for one year from the expiration date of this Agreement without preparing the contract under the same conditions as this Agreement.

Article 4 (Lease Amount) (2) Monthly rent shall be KRW 1,200,000, and "B" shall be paid to "A" after the end of each month.

(A) Article 8 (Method of Payment of Monthly Rent and Expenses). The payment of monthly rent and expenses under Article 8 (Method of Payment of Monthly Rent and Expenses) shall be deposited into the designated account of “A”.

Article 14 (Termination of Contract) "B" may terminate this Agreement immediately when the rent (monthly rent) is not paid three times (in arrears even after partial payment) or when it violates Articles 11 and 13.

B. The instant lease contract was renewed on July 16, 2016, which was after the expiration of the lease term, and the Defendant delayed the payment of rent and management expenses in several months, and delayed the payment from September 2016 to September 26, 2016. On January 26, 2017, the Defendant transferred KRW 5,000,000 out of the rent and management expenses in arrears to the Plaintiff as of March 2017, and the overdue rent and management expenses in arrears are KRW 5,964,80 in total.

C. Around February 10, 2017 and February 20, 2017, the Plaintiff notified the Defendant that the instant lease contract was terminated on the grounds of the rent delay.

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