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(영문) 의정부지방법원 2017.03.31 2016가단35109
건물명도
Text

1. The defendant is the defendant as to the building indicated in the separate sheet from November 1, 2016 to the plaintiff.

Reasons

1. Basic facts

A. On March 31, 2014, the Plaintiff leased each of the buildings listed in the separate sheet (hereinafter “instant building”) to the Defendant as KRW 30 million, KRW 1.6 million per month, KRW 1.6 million per month, KRW 2 years, and operation of purpose restaurant (Article 5 of the A evidence lease agreement).

(hereinafter referred to as the “instant lease contract”) B.

The Plaintiff and the Defendant agreed to extend the term of the instant lease by one year at the time of the expiration of the term of the instant lease agreement.

C. The Defendant is operating a restaurant in the name of “C” in the instant building.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 and 5, and the purport of the whole pleading

2. As to the request for delivery of the instant building

A. The gist of the Plaintiff’s assertion was that the Defendant did not pay the rent for June 6910, 2016. Accordingly, the Plaintiff expressed his intention to terminate the instant lease agreement to the Defendant on the ground of delinquency in rent. Since the instant lease agreement was lawfully terminated and terminated by the Plaintiff’s declaration of intent to terminate the lease agreement, the Defendant should deliver the instant building to the Plaintiff.

B. As the instant building is a commercial building, in order for a lessor to terminate a lease contract due to a lessee’s default on rent, the amount of delay in rent should reach three-year rents pursuant to Article 10-8 of the Commercial Building Lease Protection Act. According to the evidence No. 2, on October 31, 2016, the Plaintiff notified the Defendant of the termination of the instant lease contract on the ground of a default on rent for the period of 6910, 2016 by content-certified mail, and it can be recognized that the said notification has reached the Defendant around that time. In this context, around October 31, 2016, the Defendant’s default on rent for three-year rents (1.6 million won x 3 months x 3 months) should be considered as to whether the amount of delay in rent for three-year rents reaches the amount of rent for three-year rents.

According to the purport of the whole arguments and evidence Nos. 3 and 5, the defendant is the plaintiff on 2016.

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