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(영문) 대구지방법원 2018.09.05 2017가단103761
건물명도(인도)
Text

1. The defendant

(a) Of the real property listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On July 4, 2016, the Plaintiff entered into a lease agreement with the Defendant and the instant store for a period of two years from July 4, 2016, with the lease term fixed as KRW 10 million, and the lease deposit as KRW 10 million (the “monthly rent portion” refers to rainwater; hereinafter the “instant lease agreement”).

B. On November 18, 2016, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the Defendant had not paid a tea once, and the said notification reached the Defendant around that time.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant lease agreement was set at KRW 2 million. The Defendant terminated the instant lease agreement on November 18, 2016 due to the Defendant’s failure to pay it at all. The Defendant is obligated to deliver the instant store to the Plaintiff and pay the Plaintiff the amount calculated at the rate of KRW 2 million per four million per month from March 4, 2017 and from March 4, 2017 to the date of delivery of the instant store.

B. The Defendant’s assertion that the lease agreement of this case was set forth by the Plaintiff cannot respond to the Plaintiff’s claim.

(c) Determination 1) The existence and amount of rent A Nos. 1, 5, and 6 (if any, with a serial number: hereinafter the same shall apply);

If the purport of the whole pleadings is added to the testimony of the witness C and part of the trial, ① the Plaintiff entered into a lease agreement with C, D and the Defendant since October 21, 1993, and the lease deposit and rent changes, C and the lease deposit are KRW 36.8 million on October 21, 1993, and C and the lease deposit KRW 36.8 million on October 2, 1995, and KRW 4 million on August 3, 1999, KRW 10 million and KRW 75 million on August 3, 199, KRW 40,000 on the lease deposit and lease deposit and KRW 10,000 on August 3, 200, KRW 100 and KRW 12.2 million on August 3, 200 on the lease deposit and rent.

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