(영문) 대구지방법원서부지원 2014.12.17 2014가단24345

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(영문) 대구지방법원서부지원 2014.12.17 2014가단24345

건물인도

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1. The Defendant shall have the two-story office 16.40 square meters and the 127.32 square meters of underground restaurants among the buildings listed in the attached list to the Plaintiff.

Reasons

1. In full view of the purport of the argument in Gap evidence Nos. 1 through 4, Gap evidence No. 10, and Gap evidence No. 11 as to the cause of the claim, the plaintiff, on June 3, 2009, leased 116.40 square meters of the second floor office among the buildings listed in the separate sheet No. 1 (hereinafter "the building of this case") owned by himself, for a fixed term of three years for lease deposit money of KRW 3,00,000 per month, and for a fixed term of 50,000,000 for rent of KRW 127.32 square meters of the underground restaurant of this case among the buildings of this case on June 201, it is evident that the plaintiff agreed to terminate the above lease contract with the defendant on June 3, 2009, and it is evident that the plaintiff delivered a copy of the complaint of this case to the defendant on June 1, 2014.

Therefore, the above lease agreement between the Plaintiff and the Defendant was legally terminated on September 11, 2014 due to the Plaintiff’s declaration of termination due to the Defendant’s refusal to pay rent.

Therefore, the defendant is obligated to deliver to the plaintiff the second floor office 16.40 square meters of the building of this case and 127.32 square meters of underground restaurants among the buildings of this case.

2. The judgment on the Defendant’s assertion: (a) around July 30, 2014, the Defendant: (b) paid the Plaintiff the rent for the three-month period in arrears; (c) paid the monthly rent of KRW 650,00 from the end of August 2014 to the Plaintiff; and (d) at the same time, at the time of a day, at the Plaintiff’s discretion, the Defendant agreed to prohibit the Defendant from entering the second floor office of the instant building and within 116.40 square meters from the end of August 2014, and 127.32 square meters from the underground restaurant, and the Defendant’s goods, etc. were sold at a time; (d) the Defendant did not raise an objection; and (e) the Plaintiff paid the rent to the Plaintiff pursuant to the above agreement, and therefore, (e) there is no evidence to acknowledge the Defendant’s assertion, and thus, the Defendant’

3. Thus, the plaintiff's claim of this case is justified.

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