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(영문) 대구지방법원안동지원 2016.05.11 2016가단20053
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) from February 26, 2016 to the annexed list.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1, 2, and 3:

On February 3, 2014, the Plaintiff leased a building listed in the attached list owned by the Korea National Housing Corporation (hereinafter referred to as the “instant building”) to the Defendant, with the lease deposit of KRW 13,508,00, KRW 113,120 per month, and the lease term of KRW 113,120 per month, from February 3, 2014 to March 31, 2016. Of these, the details on overdue overdue payments and termination are as follows:

(1) In the event that the Defendant fails to pay the instant building in arrears for at least three consecutive months, the Plaintiff may immediately terminate the relevant lease agreement on the grounds thereof. In the event that the lease agreement is terminated due to the said grounds, the Defendant shall deliver the instant building to the Plaintiff within one month from the termination date of the lease agreement, and the Defendant shall pay the Plaintiff all the charges, including rent and management expenses, etc. from the termination date of the lease agreement to the delivery date. (2) In the event that the Defendant fails to deliver the instant building within the period stipulated in the above 1, the Plaintiff shall pay the Plaintiff damages for the period from the day following the day on which the instant building should be handed over to the delivery date, calculated at the rate of 1.5 times the

B. The Korea National Housing Corporation was dissolved at the same time as the Plaintiff was established, and the Plaintiff comprehensively succeeded to the property, claims, debts, and other rights and obligations of the Korea National Housing Corporation pursuant to Article 8 of Addenda to the Korea

C. From July 2015, the Defendant delayed the payment of monthly rent for at least three consecutive months, and the instant complaint containing the purport that the Plaintiff terminated the instant lease agreement on the grounds of the foregoing delinquency was served on the Defendant on January 25, 2016.

2. Determination

A. According to the above facts, the instant lease agreement is terminated due to the Defendant’s delinquency in rent for at least three years, barring any other special circumstances.

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