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(영문) 부산지방법원 2019.07.16 2019가단3666
부동산명도등
Text

1. The defendant shall be the plaintiff.

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

B. Gold 12,600,000 won and from March 31, 2019

Reasons

1. Facts of recognition;

A. On May 3, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 30,000,000, monthly rent of KRW 4,200,000, and the lease period of KRW 24 months from June 1, 2018 (hereinafter “instant lease agreement”).

B. After the Defendant entered into the instant lease agreement, the Defendant operated a restaurant that sells heavy sugar, etc. with the permission for food service in the instant building, but was unable to pay monthly rent from October 2018.

Accordingly, on January 10, 2019, the Defendant requested the Plaintiff to reduce the monthly rent of KRW 3 million on the Plaintiff’s side. However, as the Plaintiff’s side did not accept it, the Defendant sought understanding on the Plaintiff’s side to the effect that he will discontinue his business after finding a new lessee to rent the instant building by February 11, 2019.

C. Even after that, the Defendant did not pay the Plaintiff monthly rent and management expenses (total of KRW 1,624,560 up to April 2019), etc., the instant building is occupied as of the closing date of the pleadings.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the (i) determination on the cause of the claim (i) as to the termination of the lease agreement, the Plaintiff is able to terminate the lease agreement of this case as the Defendant’s delay exceeds three (3) days, and the fact that the duplicate of the complaint of this case, upon the declaration of the termination of the lease of this case, was served on the Defendant on March 18, 2019 is apparent in the record. Therefore, it is reasonable to deem that the lease of this case was lawfully terminated on March 18, 2019 or terminated by agreement around January 10, 2019.

According to the fact of recognition as above, the defendant is obligated to deliver the building of this case to the plaintiff, unless there are special circumstances.

Article 25(1)(3) of the Act.

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