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(영문) 부산지방법원동부지원 2020.06.11 2019가단211999
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. From 40,000,000 won to 8,521.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a company with the purpose of real estate leasing business, and the defendant is a company with the purpose of automobile trading business, etc.

B. Disposition No. 1 to the Defendant on March 1, 2017

A. (2) Each of the real estates listed in paragraph (2) (hereinafter “each of the instant real estates”) is leased KRW 40,00,000 for lease deposit, KRW 2,500 for monthly rent (excluding value-added tax, and KRW 20,000 for each month), and the lease period from March 1, 2017 to February 29, 2020 for lease (hereinafter “the instant lease agreement”). Around that time, the Defendant received KRW 40,00,000 for lease deposit from the Defendant and handed over each of the said real estates to the Defendant.

C. Article 4 of the instant lease agreement provides, “Where a lessee has failed to pay a rent on at least two occasions (2% of the interest on delay), the lessor is entitled to terminate the lease contract in cases where he/she received a warning three times or more due to the failure to use installments, insurance, performance, or luminous housing, etc. within the sales place (3).”

On September 19, 2017, the defendant registered the motor vehicle management business (motor vehicle transaction business) with the location of the place of business of the real estate in this case to the head of Nam-gu Busan Metropolitan City.

E. The Defendant is under arrears with a 14-month period from March 2019, after having failed to pay the vehicle in March 20, 2019, to April 2020.

F. On May 22, 2019, the Plaintiff terminated the instant lease agreement to the Defendant on the grounds that the Defendant was in arrears for more than three years, and sent the content-certified mail demanding the payment of the rent and the delivery of the leased object. On May 23, 2019, the said content-certified mail sent to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including branch numbers in case of additional number), the result of the commission of appraisal to appraiser C by this court, the purport of the whole pleadings

2. According to the above recognition as to the termination of the instant lease agreement, the Defendant 3.

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