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(영문) 수원지방법원평택지원 2017.05.17 2016가단10594
건물명도
Text

1. The defendant

A. The description "1, 2, 3, 4, 5, 6, 7, 8, 8, 1st floor drawings of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On March 20, 2014, the Plaintiff leased (hereinafter “the instant lease agreement”) a deposit deposit of KRW 30 million,000,000, monthly rent of KRW 300,000,00 (Additional Tax) with the Nonparty Bankrupt, Inc., the Switzerland (hereinafter “the Nonparty Bankrupt”) (hereinafter “the instant lease agreement”).

B. Nonparty bankrupt did not pay the difference from June 2014 to December of the same year and from January 2016 to August of the same year.

C. On August 3, 2016, the Plaintiff declared that the lease contract of this case was terminated on the grounds of the rent delay for at least two years, and around that time, the said declaration of intention reached the said bankrupt. D.

On December 16, 2016, the bankruptcy was declared against the non-party bankrupt by Suwon District Court 2016Hahap45, and the defendant was appointed as the bankruptcy trustee, and the lease deposit amount of KRW 30,000,000 paid to the plaintiff due to the delayed rent of the above bankrupt was not established.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence 1 to 5, entry of full certificate of registered matters against the above bankrupt, purport of whole pleading

2. The Plaintiff’s declaration of termination on the ground of the Plaintiff’s delinquency in rent was lawfully terminated as the instant lease agreement, which determined the cause of the claim, reaches the Nonparty’s bankrupt.

Therefore, the Defendant is obliged to deliver the leased plant in this case to the Plaintiff and to pay the Plaintiff the amount at the rate of KRW 3,300,000 each month from December 19, 2016, which is the sum of the monthly rent and the additional tax agreed upon by the Defendant from December 19, 2016 to the date of delivery of the above leased plant, as requested by the Plaintiff.

3. The plaintiff's claim is accepted on the grounds of the conclusion.

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