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(영문) 청주지방법원 2015.10.15 2015가단5705
건물명도
Text

1. The defendant

(a) Of the buildings listed in the separate sheet, each point of Annex 1, 2, 3, 4, and 1.

Reasons

1. Determination as to the cause of claim

A. 1) On December 7, 2011, the Plaintiff: (a) part of 90 square meters inboard (A) that connects each point of 1, 2, 3, 4, and 1 among the buildings listed in the separate sheet among the buildings listed in the separate sheet to the Defendant on December 7, 2011 (hereinafter “instant real estate”).

(2) On August 2014, the Plaintiff concluded a lease agreement with the Defendant on the same conditions as before and on the instant real estate on the condition that the Plaintiff may cancel the lease agreement when the Defendant, who is a lessee, was in arrears for more than two years, without setting a separate lease period.

3) On December 7, 201, the Defendant paid KRW 500,00,00 as at the time of the contract on the instant real estate on December 7, 201, KRW 100,000,000 as at February 1, 2012, and KRW 250,000,000 as at September 17, 2012, and did not pay the remainder. The Plaintiff sent a certificate of termination of the instant lease contract on the grounds of the Defendant’s delinquency in rent for at least two of the aforementioned two periods. The content certification reached the Defendant around that time. [Grounds for recognition] The Defendant did not dispute, the witness’s testimony, and the purport of the entire pleadings. According to the above findings, the instant lease contract was terminated in accordance with the Plaintiff’s legitimate expression of intent to cancel the contract, barring any special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the unpaid rent, KRW 8,500,000,00 for the period from September 15.

C. As to the judgment on the Defendant’s assertion, the Defendant did not enter into a lease contract with the Plaintiff on a fixed basis with respect to the instant real estate, and only entered into a provisional contract.

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