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(영문) 전주지방법원 2015.07.24 2014가합6625
건물인도
Text

1. The defendant shall be the plaintiff.

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

B. From October 1, 2013, the foregoing paragraph (a) is described.

Reasons

1. Facts of recognition;

A. On August 1, 2013, the Plaintiff and the Defendant entered into a lease agreement with respect to the attached building owned by the Plaintiff (hereinafter “instant building”), setting a lease deposit free of charge, monthly rent of KRW 7,300,000 (on August 16, 2016, to pay interest on loans to the Yannan Agricultural Cooperative Co., Ltd., a collateral security right holder of the instant building and the Yan Agricultural Cooperative on behalf of the Plaintiff).

(B) The lease term is not specified; hereinafter referred to as “instant lease contract”).

From August 1, 2013, the Defendant runs the telecoming business with the trade name “C” in the instant building from around August 1, 2013, but only paid the loan for the said agricultural cooperatives on behalf of the Plaintiff by paying the loan interest rate on August 8, 2013 and September 1, 2013.

C. Article 4 of the instant lease agreement provides that “If a lessee fails to pay rent more than twice consecutively, the lessor may immediately terminate this contract.”

Pursuant to the above lease agreement clause, a copy of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent was delivered to the Defendant on October 20, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, the instant lease agreement is deemed to have been lawfully terminated and terminated in accordance with the Plaintiff’s termination notification by failing to pay two or more vehicles, and thus, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, a lessor, and pay the amount calculated by the ratio of KRW 7,300,000 per month from October 1, 2013 to the completion date of delivery as unjust enrichment, barring any special circumstance.

B. The defendant's assertion is subject to a renewal of the one-term lease period.

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