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(영문) 수원지방법원평택지원 2020.07.23 2020가단983
건물명도 등
Text

1. The defendant

A. In the order of each point of indication 1, 2, 3, 4, and 1 of the annexed drawings on land of 979 square meters in Ansan-si.

Reasons

1. Facts of recognition;

A. On March 5, 2018, the Plaintiff entered into a lease agreement between the Defendant and the Defendant (hereinafter “instant lease agreement”) with respect to D-E building [the building (a) part of the building attached Form No. 1, 2, 3, 4, and 1 successively connected to each point] 142 square meters (hereinafter “the leased object of this case”) among the above-ground buildings owned by the Plaintiff, Ansan-si, Ansan-si, the Plaintiff owned by the Plaintiff (hereinafter “instant land”).

B. Article 7(2) of the instant lease agreement provides that “The Plaintiff may cancel the contract in the event that the Defendant’s delinquency in rent falls on the three-year period.”

On February 5, 2020, the Defendant notified the Defendant that the instant lease contract will be terminated if the Plaintiff did not pay the overdue rent of KRW 9,600,000,000, as the monthly rent of KRW 4 months was overdue.

After that, the defendant did not pay the overdue rent, the plaintiff notified the defendant on February 27, 2020 that the lease contract of this case was terminated by the delivery of the complaint of this case.

The Defendant paid KRW 9,600,000 to the Plaintiff for delay only after receiving the instant complaint.

C. The Defendant, without the Plaintiff’s consent, installs one container in each part of the ship (C) which connects each point of (b) and 9, 10, 11, 12, and 9, in sequence, and one container connected each point of (c) of the attached table Nos. 5, 6, 7, 8, and 5 on the ground of the instant land owned by the Plaintiff (hereinafter “each of the instant containers”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the lease contract of this case was terminated on February 27, 2020 by the plaintiff's notice of termination on the ground of the defendant's delay of rent, the defendant delivered the leased object of this case to the plaintiff, and the rent is.

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