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(영문) 대구지방법원서부지원 2016.09.30 2016가합609
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver each building listed in the separate sheet;

B. From 74,250,000 won and June 1, 2016

Reasons

1. Indication of claim;

A. On December 31, 2015, the Plaintiff leased each of the buildings listed in the separate sheet owned by the Plaintiff (hereinafter referred to as “instant building”) to the Defendant, with a deposit deposit of KRW 110 million, monthly rent of KRW 14850,000,000 (i.e., rent of KRW 13.5 million) and the lease period of KRW 13.5 million from January 1, 2016 to December 31, 2017.

B. Around that time, the Defendant had taken over the instant building and occupied and used it until now, but did not actually pay rent for the contract.

(B) The Plaintiff issued a bill to pay the rent from January 1, 2016 to March 31, 2016, but all these bills were refused to pay). Accordingly, on June 3, 2016, the Plaintiff expressed the Defendant the intention of termination of the lease contract on the ground of the Defendant’s payment of the rent.

Therefore, inasmuch as the instant lease contract between the original Defendant was lawfully terminated by the Plaintiff’s expression of intention for termination, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the commission calculated by the ratio of KRW 13.5 million per month from January 1, 2016 to May 31, 2016 (=1,4850,000 won per month x 5 months x 5 months) and the commission calculated by the ratio of KRW 13.5 million per month from June 1, 2016 to the date the delivery is completed.

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

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