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(영문) 광주고등법원 2018.11.02 2018나22700
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. Following the expansion of the purport of the claim in the Plaintiff’s trial:

A. The defendant shall be the plaintiff.

Reasons

1. Basic facts

A. On January 26, 2016, the Plaintiff: (a) leased the instant building to the Defendant with a rental deposit of KRW 300,000,000; (b) monthly rent of KRW 14,60,000 (in addition to value-added tax; and (c) monthly rent of KRW 14,60,000 (in advance payment on the first day of each month); and (d) from February 1, 2016 to February 1, 2018 (hereinafter “instant lease agreement”) appears to have substantially renewed the previous contract.

The defendant occupied the building of this case and is operating a oriental medical hospital with the trade name "self-private oriental medical hospital" up to now.

B. However, the Defendant did not pay to the Plaintiff the rent for up to 11 months, including March, 2016, July, 2017, and July, 1, 2017, and the surcharge for up to 176,660,00 won [ [14,60,000 won x 11 months]]. Since July, 2017, the Defendant did not pay rent and surcharge for up to 11 months.

C. Accordingly, on December 14, 2016 and July 3, 2017, the Plaintiff sent each content-certified mail to the Defendant that the instant lease contract is terminated on the grounds of the Defendant’s delinquency in rent, and each of the content-certified mail sent to the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was lawfully terminated by the Plaintiff’s declaration of termination as of July 3, 2017, on the ground of the Defendant’s delinquency in rent. Thus, the Defendant transferred the instant building to the Plaintiff, and as of the unpaid rent of KRW 176,660,00 (including value-added tax; hereinafter the same shall apply) and its delayed payment after the Defendant’s date of delinquency in rent, the Defendant was from August 4, 2017, which is the day following the delivery date of the complaint of this case sought by the Plaintiff, to October 10, 2018, the delivery date of the application for modification of the purport of the claim from August 4, 2017 to October 5, 2018 (the delivery date of the written complaint of this case as of October 5, 2018), and damages for delay calculated at each rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

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