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(영문) 대전지방법원 2017.11.16 2017가단9920
건물명도 등
Text

1. The part concerning the claim for rent payment in the instant lawsuit shall be dismissed.

2. The defendant shall be the plaintiff.

(a) the annexed list;

Reasons

Facts of recognition

A. On January 11, 2010, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the terms that the instant commercial building owned by the Plaintiff was leased KRW 5 million to the Defendant, KRW 5 million per month for rent, and KRW 500,000 per month for rent, from February 1, 2010 to July 19, 201 for rent.

B. On February 1, 2010, the Plaintiff handed over the instant commercial building to the Defendant, and the Defendant completed business registration on February 23, 2010 at the instant commercial building as a real estate brokerage business.

The instant lease contract has been implicitly renewed between the original and the Defendant even after the lease term expires.

C. However, on November 6, 2015, a voluntary decision to commence the auction was rendered to Daejeon District Court B regarding the instant commercial building, and the said court revoked the voluntary decision to commence the auction on October 19, 2016.

On the other hand, the Defendant paid only the rent to the Plaintiff up to October 2015, and did not pay the subsequent rent.

On the other hand, on January 18, 2017, the Plaintiff, the creditor, seized and collected the rent claim against the Defendant under the instant lease agreement with the Daejeon District Court 2017TTTT 50407, which was the claim amounting to KRW 100 million. The above attachment collection order reached the Defendant on January 25, 2017.

E. On April 4, 2017, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground that the Defendant did not pay three-year rents, and the said notification reached the Defendant around April 5, 2017.

[Grounds for recognition] According to the facts that there is no dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 5, and Eul evidence Nos. 7 (including numbers, if any), and the facts that the lease contract of this case was terminated as a whole, the "Commercial Building Lease Protection Act" is applied to this inspection lease contract. The defendant did not pay a rent after November 2015, so the overdue rent of the defendant is three times of rent.

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