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(영문) 창원지방법원마산지원 2016.02.19 2015가단104391
건물명도
Text

1. Defendant D is the Plaintiff:

(a) deliver the first floor of 206.16 square meters underground among the buildings listed in the attached list;

(b) 31,300.

Reasons

1. Basic facts

A. On December 23, 2009, the Plaintiff entered into a lease agreement with Defendant D and the instant store with the end of December 22, 2011 (hereinafter “instant lease agreement”). Around that time, the Plaintiff received KRW 20,000,000 as deposit money from Defendant D by December 23, 200.

B. The instant lease contract had been implicitly renewed after the expiration of the above period, and Defendant D possessed the instant store until the date of closing argument.

C. The total rent that Defendant D paid to the Plaintiff from January 1, 2010 to the date is KRW 32,700,000, and the rent was not paid at all since October 2014.

On September 24, 2015, the Plaintiff filed the instant lawsuit, and expressed to Defendant D the intent to terminate the instant lease agreement on the grounds of the delinquency in rent.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence No. 1 (including additional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the fact that the Plaintiff’s intention to terminate the instant lease agreement was terminated at the time of arrival of the Defendant D, barring any special circumstance, Defendant D is obligated to deliver the Plaintiff the instant store to the Plaintiff, barring any special circumstance. (ii) Defendant D is obligated to deliver the instant lease agreement to the Plaintiff for overdue rent and damages. According to the fact that the instant lease agreement was terminated by termination, until October 31, 2015 (the date on which the duplicate of the complaint of this case, which the Plaintiff expressed his intention to terminate, was served on the Defendant on October 21, 2015, but the termination date of the lease agreement following the termination for the convenience of calculating the rent in arrear is deemed to be October 31, 2015, after deducting the remainder of the lease deposit from KRW 51,300,000,000, KRW 300,000, KRW 300,000, KRW 300,000, KRW 300,070.

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