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(영문) 제주지방법원 2021.01.25 2020가단63858
건물인도
Text

The defendant delivers the real estate stated in the attached list to the plaintiff, and the real estate stated in the paragraph (a) from October 1, 2020 to October 1, 202.

Reasons

Basic Facts

On February 12, 2018, the Plaintiff: (a) the lease deposit amount of KRW 36,00,000; and (b) the rent of KRW 33,00,000 for the real estate listed in the separate sheet (hereinafter “the instant building”) to the Defendant on February 12, 2018 (Provided, That “The rent is paid in advance in the annual total of the rent per month; and (c) the rent is the monthly rent.

“The proviso has been added). From April 1, 2018 to March 31, 2022, the term of lease was fixed and leased (hereinafter “the instant lease agreement”). The Defendant operated a restaurant in the instant building, and the Defendant was unable to pay the instant building at the time due to the difficulties in business operations in around 2019, and on August 8, 2019, the Plaintiff was unable to pay the Plaintiff KRW 6,000,000 out of the lease deposit, with the monthly reduction of KRW 30,000,000, and the lease deposit was promised to change the lease deposit to KRW 30,000,000,000 from the lease deposit, and, if the lease is unpaid over the second half-year period, the lessor would, without any condition, withdraw the instant building to its original state even if the lease agreement was terminated.

was made and given a letter of payment stating "....."

However, even thereafter, the Defendant failed to pay the Plaintiff the rent properly (the Defendant paid KRW 1,00,000, which was monthly from September 11, 2019 to June 8, 2020, and the lower amount of KRW 50,000, which was less than 50,000, and the Plaintiff did not have paid the full rent of KRW 3,00,000, which was set forth in the above lease agreement during the same period). [Grounds for recognition] According to the facts of recognition as to the respective entries in subparagraphs 1 through 4, and the purport of the entire pleadings, the Defendant did not delay the Plaintiff for more than 3 years, as stipulated in the instant lease agreement.

In accordance with Article 10-8 of the Protection of Commercial Building Lease Act, the fact that the duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the lease contract of this case, was delivered to the Defendant on September 28, 2020, is evident, and the lease contract of this case was lawfully terminated.

Therefore, the defendant.

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