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(영문) 대전지방법원 2018.06.21 2018가단203293
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff one story of 320.51 square meters among the real estate listed in the attached Form.

2. The plaintiff's remaining claims.

Reasons

1. Facts recognized;

A. On April 30, 2015, the Plaintiff entered into a lease agreement with the Defendant on the following (hereinafter “instant lease agreement”) with regard to the 1st floor 320.51 square meters (hereinafter “instant store”) among the real estate listed in the attached Table owned by the Plaintiff, and the Defendant operates a restaurant in the name of “C” at the instant store.

Monthly management expenses of KRW 800,000 for monthly rent of KRW 20,000 (Additional tax, and cash transfer from the end of each month) 400,000 for monthly management expenses of KRW 20,000 for monthly rent of KRW 20,000 (Additional tax separate, and cash transfer from the end of each month).

Articles 4(3) and 6 of the instant lease agreement provide that the lessor may terminate this agreement at any time and also receive an order for the lease of the leased object, if the lessee has failed to pay rent, management fee, or other expenses under this agreement at least twice.

C. However, when the Defendant delayed the payment of rent, management fee, etc., the Plaintiff sent to the Defendant, on January 10, 2017, a document verifying the content related to the maturity of the lease contract and the termination thereof, stating that “A certificate of the contents related to the maturity of the lease contract” was “proving the payment of rent, management fee, electricity fee, water fee, and additional tax by the end of April 2016, and that the amount of unpaid 11,975,021 won is 11,975,021 won from May 2, 2016 to December 2016, and that there is no intention to extend the payment by January 26, 2017, and thereafter, reached the Defendant.”

In addition, on February 16, 2017, the Plaintiff again notifies the Defendant of the termination and eviction of the contract, since the sum unpaid from May 2, 2016 to December 2016 and the sum unpaid from January 1, 2017 and February 2, 2017, is KRW 16,463,609, inasmuch as it is the Plaintiff’s title “certification of the content related to the termination and termination of the lease contract (II)”

‘A’ sent content-certified mail to the Defendant at that time, and reached the Defendant.

On January 19, 2018, the Plaintiff sold to D real estate indicated in the attached Form, including the instant store, and transferred ownership on the same day.

Grounds for recognition: dispute.

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