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(영문) 대구지방법원 2020.01.30 2019가단141910
건물명도(인도)등 청구
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Facts of recognition;

A. On September 30, 2017, the Plaintiff entered into a lease agreement with the Defendants on the attached list (hereinafter “instant partitioned building”); the period from October 28, 2017 to January 27, 2020; the deposit amount is KRW 15 million; and monthly rent is KRW 1.2 million (hereinafter “lease agreement”).

B. From May 2019, the Defendants did not pay rent for the instant sectioneded building.

C. The Plaintiff expressed in the instant complaint the intent to terminate the instant lease contract on the grounds that the Plaintiff did not pay any fee.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-2, Gap evidence 3, the purport of whole pleadings

2. If the lessee of a commercial building fails to pay the rent for the period of three months to determine the cause of the claim, the lessor may terminate the contract;

(Article 10-8 of the Commercial Building Lease Protection Act). According to the above facts, the lease contract of this case was terminated.

The Defendants are obligated to deliver the instant sectioneded building to the Plaintiff.

3. Conclusion of the Plaintiff’s claim against the Defendants is justified.

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