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(영문) 대구지방법원 2016.04.12 2015가단35208 (1)
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The Defendant is from September 1, 2014 to September 1, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 1, 2014, the Plaintiff and the Defendant concluded a lease agreement with the Defendant, setting the lease deposit amount of KRW 1 million, KRW 150,000 per month, and the lease period from July 1, 2014 to June 30, 2016.

B. Around July 1, 2014, the Defendant used the instant building as an office after being handed over, and used it as the office. On November 201, 2014, the Defendant did not use the entrance of the instant real estate as an office by removing the entrance of the instant real estate and opening the entrance with the joint board.

C. The Defendant paid the Plaintiff the rent of KRW 1,50,000 each in October and November, 2014 and did not pay the rent to the Plaintiff.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. Determination as to the cause of action

A. According to the above facts, the Defendant did not pay rent for a period of two months, so the instant lease contract was terminated due to the Defendant’s nonperformance of obligation according to the delivery of a duplicate of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the lease contract.

Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff unless there are special circumstances.

B. According to the above facts, the Defendant paid only two-month rent to the Plaintiff, and did not pay the remainder of the rent at all. The lease agreement of this case was terminated on November 5, 2015, which clearly indicated that the Plaintiff’s intent to terminate the lease agreement of this case was served on the Defendant. The Defendant may recognize the fact that the instant real estate had already been served before the instant lawsuit was filed, and did not use and benefit from the instant real estate at the entrance, barring any special circumstances, the Defendant is in accordance with the ratio of KRW 150,000 per month from September 1, 2014 to November 5, 2015, where no rent is paid as the remainder of the lease agreement.

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