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Reasons
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(영문) 대구지방법원 2020.03.06 2019가단123332
건물명도(인도)
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1. The defendant shall enter the plaintiff at KRW 10,00,000 from the plaintiff and KRW 460,000 from April 1, 202 to the annexed list.

Reasons

1. Chief;

A. The plaintiff's assertion that the plaintiff's assertion is sought

1. The plaintiff is the owner of the building located on the ground C (Gu address: D) in the Gyeonglbuk-gun, and the defendant is the lessee of the first floor restaurant of the above building (hereinafter referred to as the "instant real estate").

(A) On February 1, 2018, the Plaintiff entered into a lease agreement and major contents of the lease agreement with the Defendant on February 1, 2018, and the term of 10,000,000 won for the lease deposit with the instant real estate (36 months) from February 1, 2018 to January 31, 2021, and 60,000 won for monthly rent (hereinafter referred to as “instant lease agreement”) (hereinafter referred to as “the instant lease agreement”), and the Defendant is operating the said Ecafeteria at the said store from the date of the contract.

(See Evidence No. 2). 3. Termination of a lease due to a default on rent, and illegal possession by the defendant

A. From February 1, 2018, the Defendant operates a business in the above restaurant, and the Plaintiff exempted the Defendant from the rent for the initial two months to promote the Defendant’s business.

However, the defendant did not pay rent from November 2018.

B. Therefore, the plaintiff demanded that the defendant pay the unpaid rent to the defendant over several occasions, but the defendant did not pay the continuous rent properly, and the same year on March 27, 2019 and the same year.

4. On two occasions on 18.2 occasions, I urged again to pay the unpaid rent through the proof of content.

(See Evidence Nos. 4-1, 2). (c)

On April 19, 2019, the Defendant remitted only KRW 600,000 out of the unpaid rent of 3,960,000 (including value-added tax) for six months, and did not continue to pay the remaining rent of KRW 3,360,00.

According to Article 4 (Termination of Contract) of the Real Estate Tax Contract between the Plaintiff and the Defendant, the lessor may immediately terminate this contract if the annual rent of the lessee amounts to two terms.

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