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(영문) 청주지방법원 2018.12.12 2018가합2254
건물명도(인도)
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall deliver to the Plaintiff the building listed in the attached Table.

(b).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 11, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants, setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 2,500,000 (in advance on the first day of each month, and in the event that the lessee becomes liable for payment after the due date for payment expires, additional dues shall be paid at 24% per annum per month). From November 11, 2015 to December 31, 2017, the Plaintiff received the aforementioned lease deposit amount of KRW 40,00,000 from the Defendants, and the Defendants thereafter operated the instant building as “D”.

B. On the other hand, on March 27, 2017, the representative F of the E Licensed Real Estate Agent Office delegated by the Plaintiff notified Defendant B of the delayed payment of three rents and management expenses from December 27, 2016 to March 2017, and sent to Defendant B a notice of the fact that the instant lease contract is terminated by content-certified mail without any separate notice, if it is not paid within five days from the unpaid month.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The summary of the parties’ assertion 1) The Defendants did not pay rent, etc. for at least three periods including the portion of February 2016 and the portion of April 2016, to the Plaintiff until May 11, 2017, which the Plaintiff filed the instant lawsuit. The Plaintiff notified that the instant lease contract was terminated without any express declaration within seven days after the delivery of the instant complaint, but the Defendants did not pay the overdue rent, etc. within the said period. Thus, the instant lease was terminated.

B. Therefore, the Defendants deliver the instant building to the Plaintiff, and the Defendants jointly and severally do so to the Plaintiff, and on January 2015.

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