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(영문) 수원지방법원 2018.05.31 2017가단30282 (1)
건물인도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff, the owner of the instant real estate indicated in the Disposition No. 1 (hereinafter “instant real estate”) concluded a lease agreement with the Defendant on the instant real estate, under which the Plaintiff would pay the monthly rent of KRW 20 million from September 15, 2016 to September 15, 2017, and the monthly rent of KRW 15 million from September 15, 2016 (hereinafter “instant lease agreement”), and delivered the instant real estate to the Defendant.

B. Article 4 of the instant lease agreement also includes a special clause stating that “In the event that a lessee fails to pay a rent on at least two occasions, a lessor may terminate this contract without delay,” and that “at least three times a month following the month (at least three times a month period of grace (at least three times a month period of grace period)” is included in the instant lease agreement.

C. The Defendant paid, on March 17, 2017, the difference between the Plaintiff and the Plaintiff as of October 2016, to February 13, 2017; to November 2016; and to March 20, 2017, the difference between the Plaintiff and the Plaintiff as of December 2016.

On July 25, 2017, the Plaintiff sent to the Defendant any content-certified mail that contains the content that “the Defendant would not renew the instant lease agreement, as the Defendant has been in arrears for at least three days at least three vehicles,” and the said content-certified mail was sent to the Defendant around that time.

E. The defendant has been occupying and using the real estate of this case until now.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the fact that the instant lease contract was lawfully terminated on September 15, 2017, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

Although the defendant asserts that the above special agreement is null and void as an unfair legal act, there is no evidence to acknowledge the defendant's assertion, and the defendant's assertion is without merit.

3. Conclusion

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