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(영문) 대구지방법원서부지원 2019.07.24 2019가단51939
건물명도(인도)
Text

1. The Defendant: (a) the Plaintiff:

Attached Form

Among the three floors of the buildings listed in the list, the "1,2,3,4,1" indicated in the attached drawings is respectively.

Reasons

1. The Plaintiff, as a lessee, entered into a lease contract on a deposit basis with Nonparty D, the lessor on December 1, 2017, with respect to the lease on a deposit basis, KRW 65 million and monthly rent, and KRW 70,000,000 from December 18, 2017 to December 17, 2019, taking into account the following facts: (a) the Plaintiff, as a lessee, entered into a lease contract on a deposit basis with the Defendant for a rent of KRW 102,560; (b) the last day of payment of rent each month; (c) the lease contract with the Plaintiff for a rent of KRW 102,560 as to the instant real estate; and (d) the lease contract with the Defendant for a rent of KRW 10 to December 17, 2017 (hereinafter referred to as “instant real estate”); and (d) the Defendant’s payment of rent of KRW 130,000 from December 19, 2017 to December 19.

According to the above facts, it is reasonable to view that the instant lease contract was terminated on March 26, 2019 when the copy of the complaint of this case containing the Plaintiff’s declaration of termination was served on the grounds of the Defendant’s delinquency in rent, and it is presumed that the monthly rent after the termination of the said lease is equivalent to KRW 102,560.

Therefore, the Defendant delivers the instant real estate to the Plaintiff, and the Defendant’s total amount of KRW 1,429,130 of the monthly rent and late payment charge accrued from January 31, 2018 to January 31, 2019, and its amendment is made by Presidential Decree No. 29768, May 21, 2019, the day following the delivery date of a copy of the instant complaint, from March 27, 2019 to May 31, 2019.

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