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(영문) 대전지방법원 2019.02.21 2018가합100711
건물명도(인도)
Text

1. The defendant's KRW 42,550,00 for each of the plaintiffs and 5% per annum from July 18, 2018 to February 21, 2019 for each of them.

Reasons

1. Facts of recognition;

A. On March 11, 2016, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the part of the 2,3 masterel part of the 2, and the 3rd apartment (hereinafter “the instant apartment”) of the 2,3 master apartment building (hereinafter “instant apartment”) in the official city, with the Defendant, under which the lease deposit amount was KRW 400,000,000, and KRW 24 months from the remainder of the lease deposit amount, and monthly rent 21,000,000 (Additional Tax) (hereinafter “instant rental agreement”).

B. On April 9, 2016, the Defendant: (a) paid the lease deposit to the Plaintiffs KRW 400,000,000; and (b) received delivery of the instant cartel; (b) however, the monthly rent did not have been paid once.

C. On January 18, 2018, the Plaintiffs terminated the instant lease agreement on the grounds of unpaid monthly rent, and sent the content-certified mail to deliver the instant franchise to the Defendant, and reached January 22, 2018. On January 23, 2018, the Defendant did not consent to the method of calculating the overdue rent calculated by the Plaintiffs, but the Defendant sent the instant franchise promptly and sent it to reaching around that time.

On the other hand, on June 8, 2018, the Plaintiffs sent the content-certified mail to the Defendant to either file a report on the closure of business license of the instant telecom or to cooperate in the business succession report following the transfer of business, and had arrived at that time. Accordingly, on June 18, 2018, the Defendant filed a report on the closure of business under the Value-Added Tax Act with the former Director of the Tax Office.

E. On September 4, 2018, the Defendant made a disposition to close the place of business pursuant to Article 11(3) of the Public Health Control Act with respect to the instant cartel on September 4, 2018, upon reporting the closure of business to the head of the Jeonju Tax Office.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4 through 6, Gap evidence 8, Gap evidence 9, Gap evidence 17, Eul evidence 7, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs' assertion.

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