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(영문) 대구지방법원서부지원 2017.12.27 2017가단8863
건물인도등
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

On September 30, 2016, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by it to the Defendant by setting the lease deposit of 30 million won, monthly rent of 4950,000 won, and the lease term of 30 July 30, 2021, and the Defendant agreed that the lease contract may be immediately terminated if the Defendant continues to pay the rent on at least two occasions consecutively, and that the Defendant did not pay the rent from March 13, 2017, as the Plaintiff did not pay the rent in arrears until June 25, 2017, the Plaintiff notified the Defendant of his/her intention to terminate the lease contract as of June 25, 2017 pursuant to the above agreement, but the fact that the Defendant did not pay the rent in arrears until July 30, 2021 is not disputed between the parties concerned or recognized pursuant to the purport of the entire evidence and evidence set forth in subparagraphs 1 through 3.

According to the above facts of recognition, it is reasonable to view that the lease contract concluded between the Plaintiff and the Defendant on the instant real estate was lawfully terminated on June 25, 2017 according to the Plaintiff’s declaration of termination on the grounds of the Defendant’s delinquency in rent. Accordingly, the Defendant is obligated to deliver the said real estate to the Plaintiff.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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