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(영문) 창원지방법원 2019.03.29 2018가단119097
건물명도(인도)
Text

1. Defendant B Co., Ltd.: (a) from April 1, 2017 to April 1, 2017, from KRW 60,000 to KRW 60,000,00 from the Plaintiff.

Reasons

1. Basic facts

A. On October 31, 2012, the Plaintiff leased the building indicated in the separate sheet to Defendant B Co., Ltd. (hereinafter “Defendant Company”) as the lease deposit amount of KRW 60,000,000, monthly rent of KRW 350,000 (prepaid payment on October 31, 2012) from October 31, 2012 to October 30, 2014.

(hereinafter “instant lease agreement”). B.

The instant lease contract was implicitly renewed, but the Defendant Company did not pay monthly rent after March 2017.

C. Defendant C is a creditor of the Defendant Company and is residing in the building indicated in the separate sheet with the consent of the Defendant Company.

[Ground of recognition] Between the Plaintiff and the Defendant Company: The fact that there is no dispute between the Plaintiff and the Defendant Company: Gap, Gap evidence No. 1, Gap evidence No. 4, the purport of the whole pleadings

2. On November 16, 2018, the fact that the copy of the complaint of this case, stating the intention to terminate the instant lease agreement on the ground of the two or more annual rents of the Defendant Company, is apparent in the record that it was served on the Defendant Company on November 16, 2018, and thus, the instant lease agreement was terminated on November 16, 2018.

Therefore, the Defendant Company is obligated to receive from the Plaintiff the remainder after deducting the difference of arrears calculated at the rate of KRW 350,000 per month from April 1, 2017 to the date of delivery of the building indicated in the separate sheet, the lease deposit of KRW 60,000,000, from the Plaintiff, which is the date of commencement of delay of rent from the Plaintiff, from the date of delivery of the building indicated in the separate sheet, and at the same time, deliver the building listed in the separate sheet to the Plaintiff. Since Defendant C without title

3. If so, the plaintiff's claim is justified.

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