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(영문) 대구지방법원 2020.08.14 2019가단22569
건물인도 등
Text

1. The defendant is against the plaintiffs:

(a) deliver the real estate listed in the separate sheet;

B. Each gold 21,820,000 won and May 2020

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners of each share of the real estate listed in the separate sheet (hereinafter “instant real estate”) between husband and wife.

B. On April 11, 2018, the Defendant succeeded to the rights and obligations of the former lessee D with the consent of the Plaintiffs, and operated the restaurant on the instant real estate. On the same day, the terms of the instant lease agreement on the instant real estate concluded between the Plaintiffs and the Defendant (hereinafter “instant lease agreement”) are as follows.

Lease period: From April 11, 2018 to December 31, 2019: 10 million won monthly rent: The last day of each month for the rent of KRW 14,630,000 (including value-added tax):

C. The Defendant did not pay monthly rent. On November 30, 2019, the unpaid rent amounting to KRW 57,580,000 in total, and on May 21, 2020, the unpaid rent amounting to KRW 43,640,00 (per 21,820,000 each of the Plaintiffs).

On August 8, 2019, the Plaintiffs sent to the Defendant a content-certified mail a statement of intent that “The Defendant has been in arrears for more than three months, which demands the payment of the smuggling, and if the payment of the rent is not performed, the lease contract shall be terminated.” The instant warden, which included the Defendant’s terms that the lease contract is terminated due to the Defendant’s delinquency in rent, was served to the Defendant on December 13, 2019.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiffs’ declaration of intention to terminate the contract on the ground of the Defendant’s delinquency in monthly rent for at least three months.

Therefore, the defendant delivers the real estate of this case to the plaintiffs, and each of them is 21,820,000 won for overdue rent (=43,640,000 won ± 2) and 7,315,000 won for each month from May 1, 2020 to the completion date of delivery of the real estate of this case (=14,630,000 won ± 2).

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