(영문) 부산지방법원 2019.02.12 2018가단322179

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(영문) 부산지방법원 2019.02.12 2018가단322179

건물명도(인도)

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1. The defendant shall be the plaintiff.

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

(b) gold 350,000 won and this shall apply thereto;

Reasons

1. Determination as to the cause of claim

A. (1) On April 28, 2016, the Plaintiff entered into a lease agreement between the Defendant, who operated C on April 28, 2016, with respect to the instant real estate as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”). As to the instant real estate, the Plaintiff entered into a lease agreement between the Defendant and the owner of the real estate listed in the separate sheet (hereinafter “instant lease agreement”). The lease agreement between April 30, 2016 and April 29, 2018 (hereinafter “instant lease agreement”).

Article 4 of the lease contract of this case states that "if the annual rent of a lessee reaches the rent of two periods, the lessor may immediately terminate the contract," and Article 5 of the Special Clause of the lease contract states that "10,000,000 out of the rent of 20,000,000 won shall be paid on the remainder (date of occupancy) and the remainder of 10,000,000 won shall be paid on November 2016 (the rent shall be KRW 1,70,000 until November 2016, and the rent shall be KRW 1,60,000 shall be KRW 1,60,000 when paying the remainder of the deposit (the rent shall be KRW 1,60,000)."

D. The Plaintiff sent a certificate to the effect that “If the rent, etc. is not paid until July 20, 2018, the lease contract will be terminated without fulfilling its obligations until November 2016, the Plaintiff occupied and used the instant real estate without paying the remaining lease deposit amount of KRW 10,000,000 among the monthly rent of March 2, 2017, and not paying KRW 350,000 from August 2017.”

[Ground of recognition] Evidence Nos. 1-1, 2, A2, 3, A4-1, 2, and 5-2, and the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant did not pay more than two vehicles, thereby resulting in the right to termination stipulated in the instant lease agreement, and the instant lease agreement was terminated upon the Plaintiff’s exercise of the right to termination on July 12, 2018.

Therefore, the defendant shall be the plaintiff.

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