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(영문) 수원지방법원성남지원 2019.11.26 2019가단899
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. From 52,800,000 won and October 6, 2019

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the overall purport of pleadings in each entry in Gap evidence Nos. 1 to 5, and Eul evidence No. 2:

Around October 201, the Plaintiff leased a building listed in the separate sheet (hereinafter “instant factory”) owned by the Plaintiff to the Defendant (hereinafter “instant contract”) and the contractual relationship was maintained. On December 30, 2016, a renewed contract was concluded between the Plaintiff and the Defendant on the condition that “The term of lease was from December 30, 2016 to December 30, 2018, KRW 100,000,000, and KRW 12,000,000,000 (excluding value-added tax, and prepaid payment on the fifth day of each month) for the instant factory” (hereinafter “instant contract”).

B. At the time of the instant contract, the Plaintiff and the Defendant agreed that the lessor may terminate the instant contract immediately if the amount of the delayed rent reaches the amount of two rents (Article 4), and that the lessee shall return all the facilities to its original state if the lease contract is terminated (a special agreement).

C. On October 17, 2018, the Plaintiff sent to the Defendant a content-certified mail to the effect that the lease contract will be terminated on the grounds of “to subscribe to a fire insurance contract with a reasonable insurable value, to set a lower rental fee,” etc. On December 18, 2018, the Plaintiff sent to the Defendant a content-certified mail to the effect that “the purchase of a fire insurance contract with an insurance value of at least three billion won, the overdue rent accrued prior to the expiration of the contract, and the payment of the unpaid deposit KRW 20,000,000,” should be completed.

On January 15, 2019, the Plaintiff filed the instant lawsuit against the Defendant seeking payment of the delivery of the instant plant and the overdue rent, etc. on the ground that “the Defendant was in arrears for four months from September 2018 to December 2018, and the instant contract has expired.”

E. Meanwhile, the Defendant paid the amount equivalent to the rent up to May 2019 during the proceeding of the instant lawsuit, and is currently occupying and using the instant factory.

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