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(영문) 대구지방법원 2018.02.01 2017가단123871
건물명도(인도)
Text

1. The defendant,

A. At the same time, 1040,000 won is paid from the plaintiff and at the same time, 200,000 won is listed in the attached Table

Reasons

1. Basic facts

A. On September 20, 2014, the Plaintiff purchased a building listed in attached Table 1 from Nonparty C, and completed the registration of ownership transfer in the name of the Plaintiff on October 27, 2014.

B. The Defendant leased from the previous owner C of the building at KRW 10,000 to KRW 15,000 or KRW 15,000 of public charges, such as lease deposit KRW 5 million, monthly rent KRW 300,000 (in advance payment on the third day of each month), and water rate, as indicated in paragraph (2) of the attached Table among the above buildings (hereinafter “instant building”).

C. On November 3, 2014, the Plaintiff succeeded to the above lease agreement with the Defendant, but entered into a lease agreement between November 3, 2014 and May 2, 2016. On April 24, 2016, the Plaintiff entered into a lease agreement between the Defendant and the Defendant for rent KRW 350,000 per month and the term of lease until May 2, 2017.

On June 5, 2017, the Defendant paid 30,000 won of public charges, such as overdue rent of 10,000 won and overdue water rate of 10,000 won from December 3, 2016 to February 2017. However, from March 3, 2017 to February 2, 2018, the Defendant did not pay 3,640,000 won of public charges, such as KRW 3,850,000 and water rate of 11,00 won in total.

E. On August 2017, the Plaintiff sent to the Defendant two times a certificate that the lease contract is terminated on the grounds of the Defendant’s delinquency in rent, but did not have been delivered. As such, the Plaintiff declared that the lease contract is terminated upon the instant complaint, and the warden served the Defendant on September 20, 2017.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the lease agreement between the Plaintiff and the Defendant was terminated on September 20, 2017 by the Plaintiff’s notice of termination on the grounds of delinquency at least twice in arrears of the Defendant.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff at the same time with the payment of the remaining lease deposit of 1 million won (5 million won - 396 won) from the plaintiff, and from February 3, 2018 to the plaintiff.

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