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(영문) 대구지방법원서부지원 2015.02.12 2014가단22981
건물명도등
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and from November 1, 2014, the said real estate.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 1 through 5 (including the whole number; hereinafter the same shall apply).

On December 19, 2013, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with the Defendant on the terms of deposit of KRW 20 million, monthly rent of KRW 1430,00,000, and the term of lease from January 1, 2014 to August 31, 2015 regarding the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. However, the Defendant did not pay the Plaintiff monthly rent under the instant lease agreement at all.

C. On July 28, 2014, the complaint of this case, stating the purport that the Plaintiff terminated the instant lease agreement due to the Defendant’s above payment of rent, reaches the Defendant.

Then, the Defendant paid monthly rent to the Plaintiff by October 31, 2014.

2. According to the facts of the above recognition, the instant lease agreement was terminated upon the termination of the Plaintiff’s contract on the ground of the Defendant’s delinquency in monthly rent, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the amount calculated by the rate of KRW 1,30,000 per month from November 1, 2014 to October 31, 2014, which is the date following the last payment of the monthly rent, from November 1, 2014 to the date of delivery of the instant real estate.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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