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(영문) 대전지방법원 2015.03.20 2014가단30558
건물명도
Text

1. The defendant is against the plaintiff (appointed party) and the appointed party C:

(a) Attached drawings of the third floor of the building listed in the attached list;

Reasons

1. Facts of recognition;

A. On April 1, 2013, the Defendant leased the portion of 347.04 square meters in the ship (a) that connects each point of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 1 among the three floors of the buildings listed in the attached Table from D, as of April 1, 2013, the lease deposit amount of KRW 20 million, monthly rent of KRW 50,000,000,000 from April 1, 2013 to April 1, 2015.

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

On August 13, 2013, the Plaintiff (Appointed Party, hereinafter “Plaintiff”) and the Appointed C succeeded to the lessor’s status under the instant lease agreement.

C. From September 1, 2014, the Defendant did not pay the rent, and on March 4, 2015, the Plaintiff expressed his/her intention to terminate the lease agreement on the grounds of the second day for pleading of the instant case on March 4, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings

2. According to the above facts, the instant lease agreement was terminated by the Plaintiff’s notice of termination on the ground of the Defendant’s delay in rent.

Therefore, the defendant is obligated to deliver the part of the building of this case to the plaintiff and the selected party C.

In addition, according to the above facts, since the defendant is in arrears with the rent from September 1, 2014, the defendant is obligated to pay the plaintiff and the selected party C the rent calculated by the ratio of KRW 2.50,000 per annum from October 1, 2014 to the completion date of delivery of the part of the building of this case.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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