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(영문) 춘천지방법원속초지원 2020.09.22 2019가단1062
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the buildings listed in the attached list, each of the 1, 2, 3, 4, 5, 6, 1 of the attached Form 2 floors indicated in the attached list.

Reasons

1. Facts of recognition and judgment

(a) The following facts may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 and 2:

1) On March 10, 1995, the Plaintiff is a building listed in the attached list (hereinafter “instant building”).

(2) On April 5, 2015, the Plaintiff entered into a lease agreement with the Defendant on April 5, 2015, which does not set the lease term and the deposit money (hereinafter “the lease agreement in this case”) for the portion 1,2,3,4,5,6, and 48.18 square meters for each of the two floors of the instant building (hereinafter “the lease object in this case”).

3) On or after September 5, 2018, the Defendant did not pay the Plaintiff the rent at all. Accordingly, the Plaintiff terminated the instant lease agreement on July 16, 2019 on the ground that the Plaintiff was in arrears for not less than one year. (b) Unless there exist any special circumstances, the instant lease agreement was terminated upon the Plaintiff’s declaration of termination on the ground of the Defendant’s default of rent. Therefore, the Defendant is obligated to deliver the leased object to the Plaintiff, and pay the Plaintiff the rent or rent equivalent to the amount of rent calculated at the rate of KRW 100,000 per month from September 5, 2018 to the completion date of delivery of the leased object. On June 2, 2019, the Defendant decided to operate a Dong sales business with E and Hong, and concluded a new lease agreement with the Plaintiff, and there is no evidence to acknowledge that the agreement was concluded by the Plaintiff based on the statement that the lease agreement was concluded between the Plaintiff and the witness and the witness’s statement that the agreement was concluded.

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