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(영문) 부산지방법원 동부지원 2018.03.14 2017가단11034
건물인도 등
Text

1. The defendant shall be the plaintiff.

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

B. From September 1, 2017, the above-mentioned A

subsection (b).

Reasons

1. Basic facts

A. On February 12, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting a deposit of KRW 100,000,000, monthly rent of KRW 7,500,000 (in addition to value-added tax, prepaid payment on the first day of each month), and the lease period from May 1, 2015 to April 30, 2020 (hereinafter “instant lease agreement”).

B. As the Defendant did not pay for three months from July 2017 to September 2017, the Plaintiff sent to the Defendant a content certification that notifies the termination of the instant lease agreement (hereinafter “instant notice”) on September 13, 2017, and the instant notice was served to the Defendant around that time.

C. However, the Defendant paid KRW 15,000,000 equivalent to the rent for a half-month out of the overdue rent to the Plaintiff only after receiving the instant notice, and is occupying and using the instant commercial building until now.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-2 and 3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, as long as the annual rent of the Defendant, who is a lessee, reaches the three-dimensional rent, the Plaintiff may terminate the instant lease agreement on the ground of this, and thus, the instant notification containing the intention of termination was delivered to the Defendant (Article 10-8 of the Commercial Building Lease Protection Act), and the instant lease agreement was lawfully terminated.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant commercial building to the Plaintiff.

B. Furthermore, according to the facts acknowledged earlier, the Defendant paid KRW 15,00,000 to the Plaintiff after receiving the instant notice, thereby paying the Plaintiff the difference between July 201 and August 2017.

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