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(영문) 대구지방법원포항지원 2017.11.10 2017가합10676
건물인도
Text

1. The defendant shall be the plaintiff.

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

(b) 153,600,070 won and this in respect thereof;

Reasons

1. Facts of recognition;

A. On November 10, 2016, the Plaintiff, as the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), leased the instant real estate with the following content, excluding “the Plaintiff’s business office,” which is part of the 8 real estate listed in the separate sheet. At present, the Defendant occupies and uses the entire instant real estate:

The deposit under Article 1 (Purpose) of the real estate lease contract shall be KRW 250 million, and the defendant shall pay the down payment of KRW 200 million and KRW 27.5 million monthly rent for November as the down payment at the time of the contract, and the plaintiff shall receive it regularly.

The remainder of 50 million won among the rental deposit shall be the payment rate on May 30, 2017.

Monthly taxes shall be paid in advance on the 10th day of each month after determining the monthly amount of 20,750,000 won, including value-added tax

Article 2 (Duration) From November 10, 201 to January 9, 2021, the amount in arrears by the defendant under Article 4 (Termination of Contract) from November 10, 2016 to January 9, 2021 falls short of three months, or the plaintiff may terminate the contract immediately when he/she violates Article 3.

B. The Defendant paid only the rent of KRW 27,50,000 on November 10, 2016 and KRW 27,500,000 on December 12, 2016 to the Plaintiff, and did not pay to the Plaintiff the rent of KRW 16,10,070 on or after January 10, 2017. The Plaintiff paid the management fee to be borne by the Defendant to the Plaintiff.

C. Meanwhile, on June 26, 2017, a duplicate of the complaint of this case stating the Plaintiff’s declaration of intention was served on the Defendant that “the instant lease contract is terminated on the grounds of delinquency in rent pursuant to Article 4 of the instant lease agreement.”

[Reasons for Recognition] Facts that a dispute is not or is not clearly disputed, clear facts in records, Gap evidence 1, Gap evidence 2-1 to 8, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of the recognition of the above request for extradition, the instant lease agreement resulted in the occurrence of the grounds for termination under Article 4 of the said contract due to a delay of more than three months, and notification of termination of the contract on the grounds thereof.

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