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1. Defendant B Co., Ltd. shall deliver to the Plaintiff the building indicated in the attached list.
2. The plaintiff's defendant corporation.
Reasons
1. Facts of recognition;
A. On May 30, 2014, the Plaintiff entered into a real estate lease agreement with Defendant B Co., Ltd. (formerly, “Co., Ltd.”; hereinafter “Defendant B”) with the following content:
(hereinafter “Lease Agreement”). Lease object: Lease period of a building listed in the separate sheet (hereinafter “instant building”): from June 15, 2014 to June 14, 2016: Deposit: KRW 20,000: 280,000 per month (including additional taxes, public charges, and management expenses): Termination of a lease agreement: If the lessee fails to pay rent for at least two consecutive years or violates Article 3, the lessor may terminate the lease agreement immediately.
B. Defendant B did not pay the Plaintiff monthly rent after August 15, 2014.
C. On September 2, 2014, the Plaintiff notified Defendant B of the termination of the instant lease agreement without paying the rent, demanding the payment of the rent in arrears.
At present, Defendant B independently occupies the instant building.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. We examine the judgment as to the claim against Defendant B, and it is reasonable to view that the Plaintiff made clear the intent to terminate the instant lease contract by serving the duplicate of the complaint of this case. Thus, the instant lease contract was lawfully terminated due to the Plaintiff’s notice of termination on the ground that Defendant B’s payment is unpaid.
Therefore, Defendant B is obligated to deliver the instant building to the Plaintiff.
B. The Plaintiff sought delivery of the building to the above Defendant on the premise that the Defendant, Mau Design & T Construction Co., Ltd. occupied the instant building, but there is no evidence to prove the fact that the said Defendant occupied the instant building.
Therefore, the plaintiff's claim against the above defendant is without merit.
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