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(영문) 수원지방법원 2019.05.31 2019가단501757
건물명도(인도)
Text

1. The defendant shall deliver the building entered in the list to the plaintiff (attached Form).

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

3...

Reasons

1. Facts of recognition;

A. The Defendant entered into a lease agreement between the Defendant and C (hereinafter “C”) (hereinafter “C”) on December 18, 2015, and between C and C, as well as the building entered in the list (attached Form) from C (hereinafter “instant building”).

) A lease agreement with the effect that the lease deposit is KRW 50,000,000, monthly rent KRW 4,780,000 (excluding value-added tax) and management expenses shall be determined by the settlement of actual expenses (hereinafter “instant lease agreement”).

A) Around that time, the Defendant paid the lease deposit to C, and received the instant building from C, and occupied and used the instant building until the date of closing of argument. (2) After February 12, 2018, the Defendant entered into a contract with C to extend the term of the instant lease by February 12, 2022.

Meanwhile, the above extension contract contract (Evidence A No. 3-1) provides that "if the defendant is in arrears with a vehicle for at least two months, the plaintiff may terminate the lease contract of this case (Article 12 (1))."

B. The Plaintiff purchased the instant building from C on July 26, 2018, and completed the registration of ownership transfer on August 28, 2018.

C. On August 28, 2018, the Plaintiff entered into an agreement with the Defendant and C to succeed to the status of the lessor under the instant lease agreement.

On the other hand, after the conclusion of the instant succession agreement, the Defendant delayed the payment of rent corresponding to three months from October 2018 to December 2018. 2) On the other hand, on December 10, 2018, the Plaintiff sent a content-certified mail demanding that the Plaintiff be paid unpaid rent to the Defendant on December 10, 2018, and the said mail was served on the Defendant around that time.

3. Nevertheless, the Defendant did not pay the unpaid car, and the Plaintiff, through the instant complaint on January 11, 2019, is at least two times the Defendant.

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