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(영문) 대전지방법원논산지원 2015.03.26 2014가단5053
토지 및 건물인도 등
Text

1. The defendant shall be the plaintiff.

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

B. From September 28, 2014, 665,00 won and the foregoing.

Reasons

Basic Facts

A. On June 1, 2013, the Plaintiff and the Defendant Company, and the Plaintiff concluded a lease agreement with the Defendant Company (hereinafter “instant lease agreement”) whereby the Plaintiff may terminate the lease agreement (hereinafter “instant lease agreement”) by setting the deposit amount of KRW 10 million,000,000, and the period from May 28, 2013 to May 27, 2015, on the last day of each month from May 28, 2013 to May 27, 2015.

In addition, the Plaintiff transferred the instant real estate to the Defendant Company around May 28, 2013 in accordance with the instant lease agreement, and received KRW 10 million in total from the Defendant Company until April 26, 2014 from the date of the said agreement.

B. However, following the conclusion of the instant lease agreement, the Defendant Company did not pay only once to the Plaintiff. On May 21, 2014, the Plaintiff sent the Defendant Company a “Notice of Termination of the instant lease agreement” containing the content that the instant lease agreement is terminated on the grounds of not less than two years of delay in rent, and the said notification reached the Defendant Company around that time.

C. Meanwhile, while the Defendant Company occupied and used the instant real estate, destroyed the entrance door door of the factory building, and the Plaintiff spent KRW 665,000 at its repair cost around August 6, 2014.

[Ground of recognition] According to the above fact-finding as to whether the lease contract of this case was terminated, it is reasonable to view that the lease contract of this case was lawfully terminated to the police officer on May 2014 due to the failure to pay rent for more than two years by the defendant company, as stated in the evidence Nos. 1 through 7 (including the number of branch numbers) and the purport of the whole argument.

On July 3, 2014, the Defendant Company: (a) around July 3, 2014, the purchase price of the instant real estate from the Plaintiff was KRW 200 million; (b) the intermediate payment of KRW 60 million on the date of the contract; and (c) the remainder on July 3, 2014.

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