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(영문) 대구지방법원 2021.01.21 2020가단13356
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) order two floors among the buildings listed in the annex list;

B. From March 1, 2020, the above paragraph A.

Reasons

1. The following facts are recognized as either a dispute between the parties or in full view of the entries in Gap evidence Nos. 1 to 3 and the purport of the body before the pleadings:

A. On February 18, 2020, the Plaintiff entered into a building lease agreement (hereinafter “instant lease agreement”) with respect to the whole building of the second floor among the buildings listed in the separate sheet owned by the Plaintiff between March 1, 2020 and February 28, 202, including the lease deposit amount of KRW 20,000,000, monthly rent of KRW 1,400,000, including management expenses (hereinafter “the lease agreement”).

B. Under the instant lease agreement, the Plaintiff transferred the second floor of the leased building to the lessee.

(c)

Even if a lessee uses the leased object under the instant lease agreement, he/she did not pay management expenses and monthly rent once.

(d)

On May 11, 2020, only the lessee of the instant lease contract was changed to the defendant with the agreement of the Plaintiff, the Bank of Bankruptcy, and the defendant.

2. According to the above facts of recognition, prior to the Plaintiff’s filing of the instant lawsuit (the complaint was received on August 14, 2020), the lessee had already been in arrears with the payment of rent corresponding to more than three minutes of the filing of the instant lawsuit.

In this regard, the Plaintiff terminated the instant lease agreement on October 19, 202, since the Plaintiff’s service of a copy of the instant complaint on the same grounds, the instant lease agreement was lawfully terminated on October 19, 2020, when the duplicate of the instant complaint was served on the Defendant.

3. As to the above, the Defendant’s temporary payment of the rent in arrears is arguing that the consultation is in progress, but the same circumstance alone alone is insufficient to deny the validity of the termination of the lease agreement already occurred (the Plaintiff denies the same agreement itself).

4. Thus, since the instant lease contract was lawfully terminated, the Defendant is obligated to order the Plaintiff to order the second floor among the buildings listed in the attached Table No. 1, 2020, and the overdue rent (including overdue management expenses) and rent from March 1, 2020 to the completion of its name at the rate of KRW 1,40,000 per month.

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