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(영문) 제주지방법원 2019.01.25 2018가단7152
건물인도청구
Text

1. The Defendant indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 of the building on

Reasons

1. Facts of recognition;

A. On June 23, 2017, the Plaintiff leased to the Defendant, on the following occasions, the part of subparagraph C of the attached Table No. 107 square meters (hereinafter referred to as “C”) connected in order to each point of the attached Table No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the 4-story 200.67 square meters of the building indicated in the attached Table No. 1, 200.67 square meters of the building indicated in the attached Table No. 1, 2, 3, 4, 5, 6, 8, and 5 from August 6, 2017 to August 5, 2018

(hereinafter “instant lease agreement”). B.

By August 9, 2017, the Defendant paid deposit of KRW 10 million and monthly rent of KRW 10 million to the Plaintiff’s account, but did not pay monthly rents. On December 7, 2017, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground that the Defendant’s monthly rent was overdue.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 3, 4, 5, and 8 (including virtual numbers), the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease contract was lawfully terminated due to the Defendant’s monthly rent in arrears and the Plaintiff’s termination notice, as well as the expiry of the lease term stipulated in the instant lease contract, and thus, the Defendant is obligated to deliver C to the Plaintiff.

The plaintiff could not pay monthly rent because of mutual contact with the plaintiff, and the plaintiff prevented gas supply of subparagraph C.

The circumstances of the Defendant’s assertion do not constitute grounds for refusing the request for extradition of the instant case.

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

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