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(영문) 대구지방법원서부지원 2015.11.03 2015가단6924
건물명도등
Text

1. The defendant shall be the plaintiff.

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

(b) As from April 1, 2015, KRW 450,00 and above.

Reasons

The Plaintiff is the council of occupants’ representatives comprised of representatives from each building A apartment located in the Daegu-gu, Seo-gu, and on March 31, 2012, the Plaintiff leased the lease deposit amount of KRW 2 million to the Defendant, from April 1, 2012 to March 31, 2014, the lease deposit amount of KRW 163.8 square meters in the reading room of the second floor of the building indicated in the attached Table, which is an affiliated building in the apartment complex in the apartment complex (hereinafter “instant building”). The Defendant, upon delivery of the said building, is operating a reading room at that place.

After the expiration of the above lease term, the instant lease contract was renewed under the same conditions as the previous one, and the Defendant did not delay the rent of KRW 2,450,000 for the seven-month period from September 2014 to March 31, 2015.

In the instant complaint, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of delinquency in rent, and on April 13, 2015, a duplicate of the complaint reaches the Defendant.

[Ground of recognition] Fact-finding, Gap evidence Nos. 1 through 4 (including a provisional number; hereinafter the same shall apply), and the purport of the whole pleadings are as follows. Since the lease contract of this case was lawfully terminated by service of a copy of the complaint of this case containing the expression of termination, the defendant is obligated to pay to the plaintiff the rent of this case, which is calculated at the rate of KRW 450,000,000 from April 1, 2015 to April 3, 2015, after deducting the lease deposit amount of KRW 2,50,000,000,000 from the overdue rent of this case.

The Defendant asserts that the period of the instant lease contract is extended according to the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”), and the Defendant asserts that the Plaintiff’s request cannot be complied with, since the period of the instant lease contract is guaranteed until March 31, 2017, when five years elapse from the first lease date, pursuant to the said Act.

Article 640 of the Civil Act is a building.

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