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(영문) 수원지방법원 성남지원 2018.10.16 2017가단22765
건물인도 등
Text

1. The Defendants shall include 32.33 square meters of a temporary building on the first floor of real estate listed in the attached list to the Plaintiff.

Reasons

1. The following facts of recognition are not disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 4:

On November 12, 2015, the Plaintiff leased (hereinafter referred to as “instant lease”) the first floor of the real estate listed in the attached list owned by the Plaintiff (including the 32.33 square meters of temporary buildings) to Defendant B, by setting the deposit amount of KRW 130 million, monthly rent of KRW 3,700,000 (excluding additional tax), from December 15, 2015 to December 15, 2020 (hereinafter referred to as “instant lease”).

B. At the time of the instant lease agreement, the Plaintiff and Defendant B agreed that “the lessor may terminate the contract in the event of the default of rent that reaches the third period,” and thereafter, Defendant B is the instant restaurant at the instant store.

C. On November 8, 2016, the Plaintiff and Defendant B agreed to reduce the instant lease deposit to KRW 100,000,000, and to increase the monthly rent to KRW 4,000,000 (value added tax separately).

After that, Defendant B did not pay taxes more than three times, and the Plaintiff notified Defendant B of the termination of the instant lease agreement on June 1, 2017.

E. Meanwhile, the Plaintiff received a provisional disposition against Defendant B by the court 2017Kadan2410 regarding the instant store. An execution officer D, who was delegated by the Plaintiff to execute the said provisional disposition, visited the instant store on December 6, 2017 and visited the instant store and did not execute the provisional disposition on the ground that the registration of the instant restaurant was made in the name of Defendant C, a third party.

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination on June 1, 2017, on the ground of the delay in rent for at least three years. Therefore, special circumstances are made.

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