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(영문) 대구지방법원 2019.03.14 2018가단14806
건물인도 등
Text

1. From September 30, 2018 to September 30, 2018, the Defendant from the Plaintiff at KRW 10,000,000 to the delivery date of the building as indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. On July 10, 2017, the Defendant entered into a contract on the lease of the building listed in the separate sheet (hereinafter “instant store”) from D and E (hereinafter “F”) with the lease deposit of KRW 10 million, monthly rent of KRW 400,000 (payment on a prepaid basis) and the lease period from September 30, 2017 to September 29, 2019 (24 months) (hereinafter “instant lease agreement”), and operated a laundry business at the said store with the trade name “F.”

B. According to the above lease contract, in a case where the lessee has failed to pay the rent for the period of three years, the lessor may cancel the lease immediately (Article 4), and in a case where the lease contract is terminated, the lessee shall restore the building to its original state and return it to the lessor.

(Article 5). (c)

On March 5, 2018, the Plaintiff completed the registration of ownership transfer for the instant store on the grounds of sale as of February 1, 2018. Before March 1, 2018, the Plaintiff informed the Defendant of the changed owner and the deposit account before the rent payment date.

On June 14, 2018, the Plaintiff sent to the Defendant a certificate of content that the instant lease contract is terminated on the ground of the delinquency in rent for three months (on March 30, 2018, April 30, 2018, and May 30, 2018). The certificate of content was served to the Defendant around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence No. 8 (including each number), the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. According to the above facts finding as to the cause of the claim, the lease contract of this case was lawfully terminated due to the Defendant’s delivery of proof of the contents that contain the Plaintiff’s declaration of termination of the contract on the ground of the Defendant’s three-year overdue overdue delay, barring any special circumstance, the Defendant is obligated to deliver the instant store to the Plaintiff as restitution, barring any special circumstance. The Defendant is from 10,000,000 to 10,000 to 30,000 to 20,000 from September 30, 2018 to the delivery date

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