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(영문) 창원지방법원 마산지원 2018.01.10 2017가단5412
토지및 건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On April 12, 2017, the Plaintiff leased each real estate listed in paragraph (1) of the order (hereinafter “each of the instant real estate”) to the Defendant by setting the lease deposit of KRW 40 million, monthly rent of KRW 5.28 million (including value-added tax, prepaid), and the lease term from April 15, 2017 to April 14, 2018.

(hereinafter “instant lease agreement”). B.

From July 15, 2017 to October 14, 2017, the Defendant delayed to pay the sum of KRW 1,584,00 (520,000 x 3 months) of the monthly rent for three months from July 15, 2017, and the duplicate of the complaint in this case stating the Plaintiff’s declaration of termination on the grounds of two or more years of delinquency was served on the Defendant on October 13, 2017.

[Reasons for Recognition] Facts without dispute, obvious facts in record, entries in Gap evidence 1 to 3 and the purport of the whole pleadings

2. According to the above facts finding as to the plaintiff's claim, since the plaintiff terminated the lease contract of this case on the grounds of not less than two years of delinquency by serving a duplicate of the complaint of this case, the plaintiff is obligated to deliver each of the real estate of this case to the plaintiff who is the lessee.

[The lessee cannot refuse to pay the rent or be exempted from liability for default due to the existence of the deposit, on the ground that all the obligations of the lessee arising in the lease relationship, such as overdue rent, etc., arising from the lease deposit paid by the lessee to the lessor at the time of entering into the lease contract (see, e.g., Supreme Court Decision 94Da4417, Sept. 9, 199). 3. If so, the Plaintiff’s claim is reasonable, and thus, it is so decided as per Disposition by the assent of all participating Justices.

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