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(영문) 대전지방법원홍성지원 2020.10.23 2020가단506
건물명도
Text

The Defendant, as the Plaintiff

(a) deliver the real estate listed in the annex 1 list;

B. From May 15, 2020, the above A

subsection (b).

Reasons

1. Facts of recognition;

A. On May 13, 2015, the Plaintiff entered into a lease agreement with the Defendant on the attached list (hereinafter “instant building”) with a deposit of KRW 10 million, monthly rent of KRW 500,000,000, and lease with a lease term of two years (hereinafter “lease agreement on May 13, 2015”). B. On May 15, 2017, the Plaintiff again entered into a lease agreement with the Defendant on a deposit of KRW 20,000,000 with respect to the instant building, and the rent of KRW 1,00,000,000,000,000 per month reduced from May 15, 2017 to May 14, 2018; and the lease agreement on a two-year lease agreement (hereinafter “lease agreement”) with the Defendant to receive KRW 1,500,000,000,000 for KRW 15,515,000.

In addition, upon the termination of the lease, the Plaintiff agreed to implement the procedure for change of ownership on the business license stated in the attached list in the name of the Defendant (hereinafter “instant business license”).

C. The Defendant did not pay the increased deposit amounting to KRW 10 million, and paid monthly rent of KRW 500,000 by May 14, 2018. However, from May 15, 2018 to February 14, 2020, the Defendant paid KRW 4 million out of the monthly rent for 21 months during the period from May 15, 2018 to February 14, 2020, and the remainder was overdue.

On March 13, 2020, a copy of the complaint stating the cancellation of the lease contract of this case was served on the defendant on the grounds that the plaintiff was in arrears for more than two years.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, since the defendant has failed to pay more than two times that the lease contract of this case was in arrears, the lease contract of this case was lawfully terminated by the plaintiff's notification of cancellation.

Therefore, the defendant delivers the building of this case to the plaintiff, and the plaintiff seeks from May 15, 2020 to the completion date of delivery of the building.

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