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(영문) 부산지방법원서부지원 2019.08.21 2018가단105963
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Annex 1, 2, 3, 4, 5. The underground floors of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On September 18, 2015, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the portion (a) of 406.62 square meters inboard (hereinafter “instant leased real estate”) which successively connected each point of (a), (b), (c), (d), (v), (v), (f), and (a) of the attached drawings among the underground floors of the instant real estate.

- The lessor, the lessee, and the Defendant - the amount of KRW 10 million deposited, monthly rent of KRW 900,000,000 for the lease period from October 30, 2015 to October 29, 2018

C. From December 30, 2015, the Plaintiff sent a content-certified mail demanding the Defendant to pay the monthly rent on February 23, 2018, when the Defendant delayed the payment of the monthly rent under the instant lease agreement. D.

On June 8, 2018, a copy of the complaint of this case containing the purport that the lease contract of this case is terminated on the grounds of the Defendant’s non-payment of monthly rent was served on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease contract was terminated on the grounds that the Defendant did not pay monthly rent, barring special circumstances, the Defendant is obligated to deliver the instant leased real estate to the Plaintiff and pay the amount calculated by the ratio of KRW 900,000 per month from December 30, 2015 to the completion date of delivery of the said leased real estate.

3. The Defendant’s assertion as to the Defendant’s assertion argues that the claim of this case cannot be accepted because the Defendant could not use the leased real estate due to water leakage. However, according to the overall purport of the entries and arguments in the evidence Nos. 6 through 9, 13, and 14, the Plaintiff and the Defendant made a contract period of KRW 36 million to the Defendant on September 17, 2015.

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