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(영문) 대구지방법원 2019.01.24 2018가단2445
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 23.8 million and among them 18.2 million;

Reasons

1. Facts of recognition;

A. On July 201, 201, the Plaintiff leased the real estate listed in the [Attachment List owned by the Plaintiff (hereinafter “instant building”) to the Defendant as KRW 7 million, a monthly rent of KRW 700,000,000, and without setting the rental period. Accordingly, the Defendant occupied and used the instant building by delivering it from the Plaintiff.

(hereinafter referred to as the “instant lease contract”) between the original Defendant, which was the cause of the said lease, B.

The Defendant paid KRW 1.4 million to the Plaintiff as the monthly length of the instant building on May 5, 2012, and thereafter, during several times between October 29, 2013 and December 26, 2017, the monthly rent was paid to the Plaintiff on several occasions, and the sum of the monthly rent paid to the Plaintiff after May 5, 2012 is KRW 23.1 million.

C. The Plaintiff submitted the instant complaint on February 1, 2018, stating that the instant lease contract was terminated on the grounds that the Defendant had failed to pay monthly taxes for more than two years, and the instant warden was served on the Defendant on March 7, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 3, 7, 9, and the purport of the whole pleadings

2. Although the Defendant asserts that even around January 17, 2018, which was after December 26, 2017, the Plaintiff paid KRW 700,00 to the Plaintiff as monthly income, there is no evidence to acknowledge the payment.

According to the above facts, from June 1, 2012 to February 28, 2018, the Defendant is obligated to pay the Plaintiff a monthly rent of KRW 48,30,000,000 to the Plaintiff for a period of 69 months between the time when the complaint of this case was served on the Defendant pursuant to the instant lease agreement. Among them, the Defendant paid only KRW 23,100,000 to the Plaintiff and delayed payment of two or more months of monthly rent. Thus, the instant lease was lawfully terminated by delivering to the Defendant on March 7, 2018, the complaint of this case, stating the Plaintiff’s declaration of intention to terminate the instant lease on the ground of the Defendant’s delinquency in payment of monthly rent.

Therefore, it is true.

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