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(영문) 창원지방법원 진주지원 2018.10.12 2018가단3201
건물인도 등
Text

1. The Defendant shall be from April 2, 2018 to the 20,000,000 square meters from the Plaintiff, the second floor of 43.2 square meters as indicated in the attached list.

Reasons

1. Facts of recognition;

A. On April 2, 2013, C: (a) the Defendant leased 20,000 square meters of a building 43.2 square meters on the second floor, which is one’s own ownership (hereinafter “instant real estate”) as KRW 20,00,000, the lease deposit amount of KRW 24 months from March 13, 2013; (b) the rent of KRW 150,000 from March 13, 2013; and (c) the water fee of KRW 5,000 per month.

(hereinafter “instant lease agreement”). B.

On April 2, 2018, the Plaintiff completed the registration of ownership transfer on the instant real estate, and succeeded to the lessor’s status under the instant lease agreement, and the Defendant did not pay the Plaintiff the rent under the said lease agreement from that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the fact that the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of delinquency in rent for at least two years was clearly recorded on June 12, 2018 that the duplicate of the complaint of this case was served on the Defendant on June 12, 2018, and the said lease agreement was lawfully terminated on the same day.

Therefore, as requested by the Plaintiff, the Defendant is obligated to receive the remainder amount calculated by deducting the amount calculated by the ratio of KRW 155,00 per month from April 2, 2018 to the completion date of delivery of the instant real estate from the amount of KRW 20,000 to KRW 20,000,000 from the lease deposit to the Plaintiff, and simultaneously deliver the said real estate to the Plaintiff.

3. Conclusion, the plaintiff's claim of this case is justified.

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