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(영문) 서울중앙지방법원 2019.08.29 2018가합521951
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On July 5, 2011, the Plaintiff and the Defendant (F) entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit deposit amounting to KRW 200 million, monthly rent of KRW 275 million (including value-added tax), and the lease term of KRW 8 years from September 1, 2011 to August 31, 201 (hereinafter “instant lease agreement”), and the Defendant received delivery of the instant building.

B. From July 2017, the Plaintiff notified the payment of the rent of KRW 2475 million for the monthly rent of KRW 9,000 on March 6, 2018, and the interest for delay thereof. If the Defendant did not pay the rent, the Plaintiff notified the termination of the instant lease agreement.

On March 16, 2018, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds that the Defendant had been unable to pay the rent, etc. for nine months.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. In addition to the above facts of determination as to the cause of the claim, in light of the fact that Article 12(1)7 of the instant lease agreement provides for the cause of termination where the rent was overdue for at least two years, as stated in the evidence No. 1, the instant lease agreement was terminated on or around March 16, 2018, and thus, barring any special circumstance, the Defendant is obligated to deliver the instant building to the Plaintiff, barring special circumstances.

3. The Defendant asserts that, on December 7, 2016, the instant building transferred its business to G Co., Ltd. (hereinafter “G”) 10 stores including solar stores operated in the instant building, and the instant building is currently possessed by G, and the Defendant does not occupy the instant building. Therefore, the Defendant’s duty to deliver the instant building was extinguished due to nonperformance.

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