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(영문) 대전지방법원홍성지원 2017.11.29 2017가단3987
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) order the commercial buildings listed in the separate sheet;

B. From March 28, 2017, KRW 9,000 and the above.

Reasons

1. Facts of recognition;

A. On March 27, 2015, the Plaintiff entered into a contract with the Defendant for the lease of KRW 5,00,000, monthly rent of KRW 450,000, and the lease term from March 27, 2015 to March 27, 2017 (hereinafter “instant lease contract”), and handed over the instant commercial building to the Defendant.

B. Article 4 of the instant lease agreement stipulates that a lessor may cancel a contract when a lessee fails to pay a rent on more than two occasions.

C. The Defendant paid a rent only for three months after concluding the instant lease agreement, and thereafter, did not pay a rent until now.

On May 22, 2017, the Plaintiff urged the Defendant to pay the unpaid rent by sending a certificate of content to the Defendant. At least twice, the duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of delinquency in the payment of rent was served on the Defendant on June 8, 2017.

E. The sum of the rent unpaid by the Defendant until March 27, 2017 is KRW 9,00,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination, the instant lease contract was terminated on June 8, 2017 due to the Defendant’s delinquency in payment of rent at least twice, and thus, the Defendant is obligated to order the Plaintiff to use the instant commercial building and pay to the Plaintiff the amount calculated by the ratio of KRW 9,00,000 to the unpaid rent from March 27, 2017 to March 28, 2017 and KRW 450,000 per month from March 28, 2017.

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

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