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(영문) 부산지방법원 2017.02.10 2016가단55383
건물명도
Text

1. The defendant 4th floor of Busan Seo-gu C Ground reinforced concrete structure, Busan Seo-gu, 4th floor.

Reasons

1. Factual basis

A. The Plaintiff entered into a lease agreement with the Defendant regarding the lease deposit amount of KRW 10,00,000 (hereinafter “instant building”) of KRW 10,000,00,000 for the lease deposit with regard to the portion (a) in the ship (hereinafter “instant building”) connected with each point, and KRW 215.47,00,00 among the attached drawings, among the 4th floor neighborhood living facilities and parking lot of 271.04 square meters (in the registry: on the register, 271.04 square meters) for the 4th floor of the reinforced concrete structure of Busan Seo-gu C concrete slab branch and the 4th floor of the parking lot (271.04 square meters from June 2, 2014 to June 1, 2017).

B. The Defendant paid only KRW 23,150,000 out of the total rent to be paid by October 1, 2016.

[Reasons for Recognition] Evidence No. 1-1 to Evidence No. 6-2, and the purport of the whole pleadings

2. According to the above facts of determination, the defendant is found to have failed to pay the rent for at least three years.

Thus, pursuant to Article 10-8 of the Commercial Building Lease Protection Act, the above lease contract on the building of this case was terminated on October 14, 2016, clearly stated that the copy of the complaint of this case, stating the intent to terminate the contract of this case, was served on the defendant.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

3. The plaintiff's claim for conclusion is justified and acceptable.

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