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(영문) 대전지방법원 천안지원 2021.01.28 2020가합103958
건물인도
Text

The defendants jointly and severally deliver the third and fourth floors of the real estate stated in the attached list to the plaintiff. The costs of the lawsuit are assessed against the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the attached list. The Defendants are those operating the hospital in the name of “D oriental medical hospital” by leasing the three and four floors (hereinafter “instant real estate”) from each of the said real estate from the Plaintiff and operating the hospital.

B. On April 1, 2018, the Plaintiff entered into a lease agreement with the Defendants on the instant real estate (hereinafter “instant lease agreement”) with the terms of KRW 49,50,000,000 for five years from January 1, 2019, deposit amount of KRW 80,000 ( KRW 3.5 billion for the third floor, KRW 49,50,000 for the fourth floor, and KRW 48,40,000 for the fourth floor.

(c)

Since February 2020, the Defendants did not pay the monthly rent to the Plaintiff. Accordingly, on August 5, 2020, the Plaintiff notified the Defendants that the instant lease contract will be terminated on the grounds of three or more occasions of delinquency in payment of rent, and at that time notified the Defendants of the termination thereof.

[Ground of recognition] Unsatisfy, entry in Gap evidence Nos. 1 through 4 (including each number for which there are several numbers), the purport of the whole pleadings

2. According to the above facts, the instant lease contract was lawfully terminated due to the Plaintiff’s notice of termination on the grounds of overdue rent for at least three (3) years on August 5, 2020, as of August 5, 2020.

Therefore, barring special circumstances, Defendants, a lessee of the above lease agreement, are jointly and severally obligated to deliver the instant real estate to the Plaintiff, a lessor.

The Defendants asserted to the effect that, on August 10, 2020, the Plaintiff paid the Plaintiff the rent of KRW 49.5 million (three floors) and KRW 15.5 million (4 floors), KRW 32.9 million on September 1, 2020, KRW 30 million on September 16, 2020, KRW 30 million on September 16, 2020, and KRW 35 million on October 12, 2020, and even after deducting the unpaid rent, the Defendants had the right to possess the instant real estate.

However, there is no evidence to prove that the payment of rent was made, as argued by the Defendants, and even if so, the payment was made.

This is also seen by the Plaintiff.

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