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(영문) 청주지방법원충주지원 2017.06.08 2017가단20398
건물명도(인도)
Text

1. The defendant shall order each point of the three floors of the building listed in the attached list, which is indicated in the attached Form 3, 4, 8, 7, and 3.

Reasons

1. Basic facts

A. On January 31, 2017, the Plaintiff leased 20,000,000 deposit money, monthly rent of KRW 1,540,00, and period of KRW 24 months to the Defendant (hereinafter “the instant lease agreement”) with each point of 3,4,8,7, and 173.58 square meters (hereinafter “instant building”) among the three floors of the building listed in the attached list, which had connected the Defendant with each point of 173.58 square meters (hereinafter “instant building”). The Defendant did not pay KRW 3,170,000 to the Plaintiff as of January 31, 2017.

B. In addition, the Defendant was sentenced to imprisonment for eight months and a fine of ten thousand won for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. by arranging illegal sexual traffic in the instant building.

(Cheongju District Court Decision 2016No656). (c) Cheongju District Court

On September 18, 2015, the Plaintiff sent a certificate to the Defendant that the instant lease contract is terminated on the grounds that the instant building had committed an act of arranging sexual traffic beyond the purpose of lease.

On February 27, 2017 and March 31, 2017, the Defendant paid KRW 1,540,000, respectively, to the Plaintiff as the rent for the instant lease agreement.

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

2. Article 2(1)(c) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (hereinafter “the Act on the Punishment of Commercial Sex Acts”) provides that “an act of providing funds, land, or a building, knowing the fact that a building is provided for sexual traffic,” is prohibited under Article 4 of the same Act. Article 19(1) of the same Act prohibits a person who has provided “act of arranging sexual traffic, etc.” shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won, and even if he/she knew of such fact at the time of leasing the building, he/she continues to maintain the lease agreement without suspending the act of providing the building even though he/she knew of the fact that the building was provided for sexual traffic.

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