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(영문) 대전지방법원 천안지원 2018.11.30 2018가합102167
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B delivers the building listed in the separate sheet No. 1, and pays KRW 74,643,370.

(b) the defendant.

Reasons

1. Basic facts

A. On January 12, 2018, the Plaintiff entered into a lease agreement with Defendant B for the lease deposit of KRW 300,000,000, monthly rent of KRW 17,000,000 (including value-added tax and value-added tax, KRW 18,700,000, monthly rent of KRW 17,000 (including value-added tax), and for the period from January 12, 2018 to October 5, 2024 (hereinafter “instant lease agreement”), and thereafter, handed over the instant building to Defendant B.

나. 피고 B는 2018. 1. 13. 피고 C과 사이에 이 사건 건물 중 별지2 도면 표시 1, 2, 3, 4, 1의 각 점을 차례로 연결한 선내 ㈎ 부분 49.587㎡(이하 ‘이 사건 점포’라 한다)에 관하여 전대차보증금 250,000,000원, 차임 월 7,000,000원, 기간 2018. 1. 13.부터 2019. 1. 12.까지로 하는 전대차계약을 체결하였다.

C. On June 20, 2018, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the grounds of the monthly rent of three-year arrears, and the notification reached Defendant B.

Defendant B did not deliver the instant building to the Plaintiff until now, and the rent in arrears by Defendant B as of the date of the closing of the instant argument is KRW 56,100,000 in total ( = 18,700,000 x three months from April 5, 2018 to July 4, 2018).

E. Meanwhile, with respect to the instant building, Defendant B unpaid totaling KRW 16,293,640 and water rate of KRW 2,249,730.

[Grounds for Recognition] deemed confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. We examine the judgment on the claim against Defendant B, the conclusion of the instant lease agreement between the Plaintiff and the Defendant on the object of the instant building; the fact that the Plaintiff delivered the instant building to Defendant B; the fact that Defendant B did not pay that the Plaintiff was the Plaintiff; the Plaintiff expressed to Defendant B the intent to terminate the instant lease agreement on the ground that the rent delinquency was overdue; and that Defendant B reached the Defendant.

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