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(영문) 대구지방법원 2019.06.20 2018가합209243
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) pay 37,200,000 won;

2...

Reasons

1. Facts of recognition;

A. On September 20, 2017, the Plaintiff concluded a lease agreement between the Defendant and the Defendant with the terms and conditions of KRW 50 million, monthly rent of KRW 14 million (Provided, That the Plaintiff’s exemption from September 20, 2017 to December 31, 2017, monthly rent of KRW 10 million from January 2018 to March 2018, and the monthly rent of KRW 12 million from April 2018 to December 2018, from January 2019 to August 2019 to August 20, 2017 (hereinafter “instant commercial building”). From September 20, 2017, the Plaintiff concluded the lease agreement between the Defendant and the end of February 1, 2017 to February 20, 2017 (hereinafter “the instant lease agreement”).

B. However, from June 2018 to August 2018, the Defendant did not pay to the Plaintiff a sum of KRW 36 million for the monthly rent for the period from June 2018 to August 2018. Accordingly, on August 3, 2018, the Plaintiff sent to the Defendant by content-certified mail a peremptory letter demanding the payment of overdue rent.

C. The Defendant did not pay the monthly rent on September 3, 2018. On September 3, 2018, the Plaintiff sent to the Defendant a notice of termination of the instant lease, which includes that “The instant lease contract is terminated and the instant commercial building is returned until September 16, 2018,” and the content-certified mail sent to the Defendant around that time.

From September 20, 2017, the defendant occupies the commercial building of this case from September 20, to September 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. (1) According to the facts of the recognition of the above part of the claim for the delivery of commercial buildings of this case, if the Defendant delays the amount of rent for at least three years from June 2018 to September 2018, and thus, the lessor enters into a contract when the annual amount of rent for the leased commercial buildings of this case exceeds the amount of rent for three years.

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