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(영문) 부산지방법원 동부지원 2018.07.12 2018가단1096
건물명도(인도)등
Text

1. The defendant against the plaintiffs

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

B. From October 20, 2017, the above A

(b).

Reasons

1. Basic facts

A. On June 20, 2017, the Defendant entered into a lease agreement with the Plaintiffs on KRW 10,000,000 as to the real estate listed in the separate sheet (hereinafter “instant commercial building”) in which the Plaintiffs shared 1/2 shares (hereinafter “instant commercial building”) (the amounting to KRW 5,00,000,000, which was received from the Defendant at the time of the contract by the Plaintiffs and the remainder of KRW 5,00,000,000, which was paid by the Defendant by August 21, 2017), monthly rent of KRW 40,000 (the agreement to pay by the Defendant in advance on June 20, 2017), and the term of lease to be leased by the Defendant (hereinafter “instant lease agreement”).

B. However, the defendant did not pay the above KRW 5,00,000 on the date of payment of KRW 5,000,000 as stipulated in the instant lease agreement.

C. Accordingly, the Plaintiffs and the Defendant agreed to increase the monthly rent to KRW 450,000 instead of exempting the Defendant from the obligation to pay the lease deposit of KRW 5,000,000.

However, as the Defendant did not pay the rent from October 2017, the Plaintiffs expressed their intent to terminate the instant lease on the ground of delinquency in rent by serving the duplicate of the instant complaint, and the duplicate of the instant complaint reached the Defendant on February 6, 2018.

E. Meanwhile, around June 20, 2017, the Defendant received the instant commercial building from the Plaintiffs and operated the rice sales store up to the day of closing the argument in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2, Gap evidence 3-1, 2-2, and the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the instant lease agreement was lawfully terminated on February 6, 2018 on the grounds of the Defendant’s delinquency in rent for at least three years, and the Defendant, a lessee, transferred the instant commercial building, which is the object of the instant lease agreement, to the Plaintiffs, and is in arrears.

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