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(영문) 대구지방법원 2018.12.11 2018가단14776
건물명도 등
Text

1. The defendant points out to the plaintiff each of the attached Form No. 1, B, C, D, and A among the 1st floor of the building listed in the attached list.

Reasons

1. Basic facts

A. On January 1, 2017, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 10,00,000, monthly rent of KRW 1,150,00, and the lease period of KRW 185,00,00 as to the retail store in the ship connected each point of the attached Table No. 1 floor of the building indicated in the attached Table No. 1 floor (hereinafter “instant real estate”) and delivered the said real estate to the Defendant from January 1, 2017 to January 1, 2019 (hereinafter “instant lease agreement”).

B. From January 1, 2018, the Defendant did not pay a car under the instant lease agreement. Accordingly, the Plaintiff sent a peremptory notice to the effect that the car in arrears was not paid until March 19, 2018.

C. After doing so, the Plaintiff filed the instant lawsuit seeking the delivery of the instant real estate and the payment of the rent in arrears on the ground of the delinquency in rent, and the Defendant paid 6,900,000 won for rent for the six months overdue on August 1, 2018.

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

2. According to the facts of the above recognition, the instant lease contract was terminated upon delivery to the Defendant on July 20, 2018, of a copy of the complaint of this case containing the Plaintiff’s declaration of intention to terminate the instant lease contract on the grounds of delinquency, such as the Defendant’s two or more rents, etc.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the rent of KRW 1,150,000 per month from July 1, 2018 to the completion date of delivery of the said real estate.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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