(영문) 수원지방법원안산지원 2019.05.22 2018가단10210

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원안산지원 2019.05.22 2018가단10210

건물인도

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. delivers a building listed in the attached Form 1, and 2) 4,40,000 won and March 15, 2019.

Reasons

1. Facts of recognition;

A. On December 15, 2016, the Plaintiff acquired ownership of the building as indicated in the separate sheet, and succeeded to a lease agreement between the former owner and Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the said building, and drafted a lease agreement again with the following terms:

The preparation of 24-month contract from July 15, 2016 to July 15, 2018 during the period of payment of deposit 10 million won and 1.2 million won per month (excluding value-added tax) on the 14th day of each month shall be due to the sale and purchase of commercial buildings, and shall succeed to the terms, conditions, and period of the preceding contract.

B. As of September 15, 2017, the Defendant Company, as of September 15, 2017, sent to the Defendant Company a certificate of content that the Plaintiff would terminate the lease agreement on the grounds of three or more occasions of default of rent.

Although there was an increase or decrease in the amount of arrears by paying a monthly rent of 1,200,000 won even after the Defendant Company, it was in arrears as of March 15, 2019 (attached Form No. 15, Mar. 15, 2018) as if it were seen in the details of payment of rent for the attached month.

C. On December 4, 2017, the Plaintiff received a provisional disposition against the Defendant Company as the court 2017Kadan2978 on the prohibition of possession or transfer of the building indicated in the separate sheet, and the enforcement officer of this court forced the Defendant Company to execute the provisional disposition on the ground that the Defendant C’s business registration certificate (mutual E) is attached to the separate sheet attached to the separate sheet.

[Reasons for Recognition] Unsatisfy, Gap 1 to 10 evidence (including provisional number), Eul 1 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. As seen in the facts of the fact that the lease contract is terminated due to the delinquency in rent 1, 2019. As of March 15, 2019, the rent in arrears is 4.44,440,000 won, and is in arrears for at least three months.

In this regard, the defendant company agreed with the plaintiff that the value-added tax is not paid, so it is the difference in arrears.

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