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(영문) 광주지방법원 2015.12.10 2015가단28956
건물명도
Text

1. The Defendant, from October 1, 2015 to the Plaintiff, shall indicate the attached drawing among the real estate listed in the attached list from October 1, 2015.

Reasons

1. Facts of recognition;

A. On October 8, 2013, the Plaintiff, as the owner of the real estate listed in the separate sheet, entered into a lease contract (hereinafter “instant lease contract”) with a deposit of KRW 10 million, monthly rent of KRW 80,000,000,000, and period from May 1, 2013 to April 30, 2015, with the provision that “the lessor may immediately terminate the said lease contract when the lessee continually delays the payment of rent of at least two rents” (hereinafter “instant lease contract”).

After the conclusion of the above lease contract, the Defendant paid the Plaintiff deposit amounting to KRW 10 million.

B. However, from February 2015 to June 2015, the Defendant did not pay a total of 4.4 million won (i.e., KRW 880,000 x 5 months). Accordingly, on April 27, 2015, the Plaintiff sent to the Defendant a mail proving that the instant lease contract is terminated, as the Plaintiff delayed payment for a total of three-year rents from February 2015 to April 2015, and the said mail reached the Defendant around that time.

C. Although the notice of termination of the instant lease agreement was given, the Plaintiff filed the instant lawsuit on June 29, 2015, which was the Defendant’s failure to deliver the instant store, and the Defendant, on July 27, 2015, remitted the sum of KRW 5,280,000,000,000,000,000,000,000 in arrears and KRW 8,880,000,000,000,000,000,000,000,000,000,000,000 won for the same month on August 28, 2015, and KRW 88,00,000,000,000,000,000 in the Plaintiff’s account, respectively.

On the other hand, the defendant does not pay the amount equivalent to the rent from October 2015.

As of the closing date of pleading, the defendant has used the store of this case as a closed-market store.

【Non-contentious facts, Gap evidence Nos. 1, 2, 4, and Eul evidence No. 1 (including provisional number), and pleadings.

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