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(영문) 대구지방법원서부지원 2017.05.25 2016가단19866
건물인도등
Text

1. The Defendant shall deliver to the Plaintiff the 48.36 square meters of the first floor of the building indicated in the attached list, and the attached list from June 9, 2017.

Reasons

1. Facts of recognition;

A. On November 2, 2013, the Plaintiff leased the instant store to the Defendant with a deposit of KRW 10 million and a fee of KRW 500,000 per month.

(hereinafter “Lease of this case”). (b)

After September 2, 2015, the Defendant delayed to pay the rent of KRW 10,00,000,000,000, which was deducted from the overdue charge and terminated all. The Defendant paid KRW 50,000,00 to the Plaintiff on April 8, 2017 during the instant lawsuit, and KRW 50,000,00,00 to the Plaintiff on May 8, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. On December 1, 2016, the fact that the copy of the instant complaint containing the purport that the lease of this case is terminated on the grounds of delinquency in rent for at least three times the Defendant was served on the Defendant on December 1, 2016, is obvious to this court, and thus, the lease of this case was lawfully terminated.

Therefore, the Defendant is obligated to deliver the instant store to the Plaintiff and pay the amount equivalent to the rent calculated by the ratio of KRW 500,000 per month from June 9, 2017 to the completion date of delivery of the instant store.

3. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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