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(영문) 대전지방법원 2014.11.25 2013가단50494
건물명도등
Text

1. The defendant shall be the plaintiff.

A. The real estate complaint stated in the attached list is a building listed in the attached list 384.

Reasons

1. Determination on the cause of the claim

A. 1) On October 25, 2011, the Defendant: (a) on October 25, 201, the real estate indicated in the separate sheet from the Plaintiff (hereinafter “instant real estate”).

) A lease agreement with the term of lease deposit of KRW 30 million, monthly rent of KRW 3 million (excluding surtax and electricity and water rate of KRW 20 million), and a lease agreement with the term of lease fixed from November 30, 201 to November 29, 201 (hereinafter “instant lease agreement”).

(2) On January 31, 2012, the Defendant began to operate the reading room after completing the registration of establishment and operation of a private teaching institute with the trade name “B” from the instant real estate.

3) Meanwhile, following the conclusion of the instant lease agreement, the Defendant paid only the Plaintiff the monthly rent of KRW 15 million from December 2, 2011 to April 2012, and did not pay KRW 500,000,000,000 for the monthly rent for the said period, and KRW 59,40,000 for the monthly rent from May 2, 2012 to October 2013. [In the absence of any dispute over the grounds for recognition, evidence No. 7-2, evidence No. 8, evidence No. 10-1, 2, evidence No. 10-1, 11-1, 6, and the purport of the entire pleadings.

B.1) According to the above facts and evidence No. 7-2 of the above evidence, in full view of the fact that Article 4 of the lease contract prepared at the time of the lease contract of this case can be acknowledged that "if a lessee has failed to pay two or more rents continuously or has violated Article 3 (Change of Use and Sub-lease, etc.), the lessor may terminate the lease contract of this case immediately." Accordingly, the fact that the defendant delayed to pay two or more rents, and the plaintiff delivered a copy of the complaint of this case to the defendant on December 6, 2013 by the delivery of the copy of the complaint of this case, and the delivery of the copy of the complaint to the defendant on December 6, 2013 is apparent. Thus, the lease contract of this case was lawfully terminated on December 6, 2013 and the lease contract of this case was terminated under the lease contract of this case.2) Accordingly, the defendant is also ordered to the plaintiff, the real estate of this case, and the defendant on December 2, 2013.

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