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(영문) 울산지방법원 2017.10.17 2016가단24719
건물인도 및 철거
Text

1. The defendant shall be the plaintiff.

(a) Books and inspection rooms located within 130 square meters on one floor among the real estate listed in the attached Table 1 in the attached list.

Reasons

1. Facts of recognition;

A. On June 1, 2012, the Plaintiff and the Defendant concluded a lease agreement with respect to each of the buildings listed in [Attachment Tables 1 and 20 million won, monthly rent of KRW 20 million, and the lease period of December 31, 2015, on the condition that the lessee cannot arbitrarily change the form of the leased object without the lessor’s consent (hereinafter “lease”).

B. The Defendant received from the Plaintiff the delivery of a part of 44 square meters in the ship (A) which connects each point of 1,2,3,4, and 1 of the attached Table No. 1 and 66 square meters in the attached Table No. 2 of the attached Table No. 1 and the attached Table No. 2, and installed facilities, such as books, inspection rooms, etc., on the building under the above list No. 1 among them.

In addition, it is being used as a motor vehicle maintenance plant after installing a ribre, 2 gragday, and sand trading room in the attached Table 3, which is owned by the plaintiff.

(hereinafter referred to as "each building of this case" in attached Tables 1 through 3 shall be the building of this case.

From November 2012, the Defendant delayed to pay the monthly rent, the monthly rent of April, June, November, November, and December in the year 2013, and the Defendant delayed to pay the monthly rent of 56 million won until September 2016, and the Plaintiff sent the Defendant with a content-certified mail stating his/her intention to terminate the lease of this case on the ground of overdue rent of at least three months on October 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including additional number), and the purport before oral argument

2. The assertion and judgment of the instant lease were lawfully terminated by the Plaintiff’s declaration of termination on the ground of the Defendant’s failure to pay rent for more than three years.

Therefore, among the instant buildings that constitute leased objects, the Defendant removed the facilities installed by the Defendant at will in the building indicated in the attached Table 1, such as the Dobook, inspection room, etc., from among the instant buildings that fall under the leased objects, and delivers the said building, and each of the attached Table 1, 2, 3, 4, and 1 among the 66m2 of the building listed in the attached Table 2.

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