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(영문) 울산지방법원 2018.01.10 2017가단59897
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiffs the five-story 290.13 square meters, six-story 290.13 square meters, and seven-story 290.13 square meters among the buildings listed in the attached list.

Reasons

1. On May 31, 2016, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the deposit deposit of KRW 60 million, monthly rent of KRW 60 million, and KRW 6 million, among the buildings listed in the attached Table list, on which the Defendant leases KRW 290.13 square meters of 5 stories of 290.13 square meters of 6 stories of 7 stories of 290.13 square meters of 7 stories of 7 stories of 5 stories of 5 stories of the buildings listed in the attached Table (hereinafter “instant building”).

In the instant lease agreement, the following grounds are stipulated: “Where the lessee’s delayed rent falls short of the amount of three rents, the amount of rent shall be determined as the grounds for termination.”

The Defendant delayed to use the instant building upon delivery from the Plaintiff for at least three years, and the Plaintiffs terminated the instant lease agreement on the grounds of this.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, and the purport of the whole pleadings

2. The instant lease agreement was terminated by the Plaintiffs’ declaration of termination on the grounds of the Defendant’s delinquency in rent.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiffs.

3. The plaintiffs' claim is justified and accepted.

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