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(영문) 창원지방법원통영지원 2019.04.30 2018가단3693
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Attached 2 Map 1, 2, 3, 4, 5, 6, 7, 8, among the real estate listed in Attached 1;

Reasons

1. Facts of recognition;

A. On April 13, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting a lease agreement between May 13, 2016 and May 12, 202 with regard to the “A” portion of 89.9 square meters in line with each point of Annex 1, 2, 3, 4, 5, 5, 6, 7, 8, 7, and 89 square meters in line with the Defendant, among the real estate listed in Annex 1, as indicated in the Plaintiff’s attached Table 1 (hereinafter “instant lease agreement”). The Defendant paid the Plaintiff the lease deposit amount of KRW 60,000,000 to the Plaintiff around that time.

B. On May 13, 2016, the Defendant was detained on the charge of violating the Door-to-Door Sales, etc. Act around July 2016 while being transferred by the Plaintiff and operating the said commercial building in the said commercial building.

C. According to the instant lease agreement, the Defendant paid the Plaintiff the rent of KRW 2.2 million each on May 18, 2016 and July 15, 2016, but did not pay the rent from July 13, 2016.

[Reasons for Recognition] The facts without dispute, Gap's 1 to 4, and 6's statements and the purport of the whole pleadings

2. Determination as to the cause of action

A. From July 13, 2016, the Defendant did not pay the rent under the instant lease agreement. Since the Plaintiff’s claim and the Plaintiff’s application for change of the cause of the claim terminate the said lease on the grounds of the Defendant’s delinquency in rent, the Defendant should deliver the instant commercial building to the Plaintiff, and pay the Plaintiff the unpaid rent and the unpaid rent.

On the other hand, if the Defendant deducts the Plaintiff that the deposit is not paid at KRW 60 million, the deposit is entirely extinguished. The Defendant’s transfer of the commercial building of this case from January 13, 2019 to KRW 6 million, and from January 13, 2019 to the date of completion of the delivery of the commercial building of this case.

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