(영문) 대구지방법원상주지원 2015.05.13 2014가단4650

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(영문) 대구지방법원상주지원 2015.05.13 2014가단4650

건물명도 등

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1. The defendant

(a) Of the buildings listed in the separate sheet, each point in the separate sheet 2, 3, 6, 7, and 2.

Reasons

1. Basic facts

A. On May 13, 2013, the Plaintiff entered into a lease agreement with the Defendant on the following terms: (a) a lease agreement with the Defendant on the part (A) of 66m2 in the ship, which connects each point in the attached list to the Defendant in sequence of 2, 3, 6, 7, 2000,000 won of a lease deposit, monthly rent of KRW 1.5 million, and the lease term of 3 years; and (b) a lease agreement with the Defendant on the attached list.

B. The Defendant did not pay the monthly rent from around December 2013 to the Defendant, and the Plaintiff paid the monthly rent to the Defendant on November 2014 and expressed his/her intent to terminate the lease agreement if he/she did not pay the rent properly.

C. However, even after the termination of a lease agreement, the Defendant did not pay the Plaintiff the monthly rent, and the copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the lease agreement was served on February 26, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. According to the facts based on the determination, the lease contract with the Plaintiff and the Defendant was lawfully terminated on February 26, 2015, when the copy of the complaint of this case containing the Defendant’s declaration that the lease contract will be terminated on the grounds of the Defendant’s monthly unpaid rent, and thus, the Defendant is obligated to deliver to the Plaintiff the portion (a) on the ship (a) connected with each of the items in the separate sheet No. 22, 3, 6, 7, and 2, and to pay KRW 7,296,00,000 for the Plaintiff out of the amount obtained by deducting the deposit KRW 5 million from the unpaid monthly rent until the termination.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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