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(영문) 수원지방법원 2018.03.23 2017나11626
건물인도
Text

1. The defendant's appeal is dismissed.

2. The first instance judgment, including the Plaintiff’s claim added by this court.

Reasons

Facts of recognition

On August 22, 2014, the Defendant entered into a lease agreement with C, which is the deposit 10,00,000,000, monthly rent of KRW 1,20,000, and the lease term of KRW 5,000,00, from September 5, 2014 to September 4, 2016, with respect to the portion (a) part (b) of 9.72 square meters (hereinafter “instant commercial building”) connected with each of the items indicated in the separate sheet in sequence 1,2,4,3, and 1 among the above real estate (hereinafter “instant lease agreement”).

(A) The Defendant paid KRW 10,00,000 to C around the date of entering into the instant lease agreement, and received the instant commercial building from C, and thereafter, operated the instant commercial building with the trade name “D” from time to time.

On May 30, 2016, the Plaintiff entered into a sales contract with C on the real estate indicated in the separate sheet, and succeeded to the lessor status of the instant lease agreement entered into by the Defendant and C by completing the registration of ownership transfer under the name of the Plaintiff on July 11, 2016, the Suwon District Court, Sung-nam Branch Office, Sung-nam Branch Office, 24140.

(A) According to Article 10-8 of the Commercial Building Lease Protection Act (hereinafter “The Commercial Building Lease Protection Act”), a lessor may terminate a contract when the lessee’s delayed rent falls short of three times of rent, and the Defendant entered into the instant lease contract with C on August 22, 2014, and on July 11, 2016, the Plaintiff succeeded to the lessor status of the said lease contract, taking into account the following facts: (a) evidence Nos. 1, 1-2, 1-2, 1-2, 2-2, 1-2, and 1-2; and (b) the purport of the entire statement in evidence Nos. 3, 4, and 4-2; and (c) the purport of the entire statement in each of the evidence Nos. 4, 10-8, 2016.

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