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(영문) 창원지방법원통영지원 2019.09.25 2019가단2581
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) from April 10, 2019 to the annexed list.

Reasons

1. Facts of recognition;

A. On May 12, 2018, the Plaintiff entered into a lease agreement with the Defendant, and the Plaintiff, setting forth that “The lease deposit shall be KRW 5 million and the monthly rent shall be KRW 400,000,000,000,000,000,000,000 for each month, and the lease period shall be from June 10, 2018 to June 9, 2019, but the Plaintiff may terminate the lease agreement if the Defendant delays to pay the rent until the amount reaches the second period of rent,” and the lease agreement (hereinafter “the lease agreement”) with the Defendant was concluded.

B. From April 10, 2019, the Defendant did not pay the Plaintiff the monthly rent of KRW 400,000 as stipulated in the instant lease agreement from April 10, 2019 to the date of the closing of argument.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the above facts of recognition, the Plaintiff may terminate the instant lease agreement on the ground of the delinquency in rent that reaches the Defendant’s second period, and the fact that the duplicate of the instant complaint containing the Plaintiff’s declaration of termination of the instant lease agreement reaches the Defendant on June 5, 2019 is apparent in the record. Accordingly, the instant lease agreement was lawfully terminated.

Therefore, the Defendant is obligated to deliver to the Plaintiff the real estate indicated in the separate sheet as restitution, and the Defendant is obligated to pay the rent from April 10, 2019 to the termination date of the instant lease contract, and to pay the money calculated by the ratio of KRW 400,000 per month, an amount equivalent to the rent, from the next day to the completion date of delivery of the real estate listed in the separate sheet, to the

3. Conclusion, the plaintiff's claim is justified, and all of them are accepted.

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