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(영문) 창원지방법원 2018.08.16 2017가단115142
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

B. KRW 1,726,66 and its corresponding amount on December 7, 2016

Reasons

1. Basic facts

A. On August 21, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C with regard to the real estate stated in the separate sheet (hereinafter “instant leisure agreement”) during the period from December 6, 201 to December 6, 2016, the deposit amount of KRW 5 million, and the rent of KRW 350,000 per month (six days per month from the rent payment date) (hereinafter “instant lease agreement”).

B. C, on July 8, 2016, out of the instantns, transferred the right to operate the instantns to the Defendant.

The Plaintiff consented to the Defendant’s succession to the instant lease on the condition that the Defendant entered into a new lease agreement after the termination of the instant lease agreement.

C. On May 22, 2017, the Plaintiff notified that the lease contract was terminated by content-certified mail and that the Plaintiff demanded the transfer of the instant female library without the Defendant’s payment of the rent.

After filing the instant lawsuit, the Plaintiff notified that the instant lease agreement will be terminated on the ground of the following as a result of a rent-free stay through a preparatory document dated April 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated by the Plaintiff’s notice of termination on the ground of the expiration of the term or the delay of rent.

Therefore, the Defendant delivers the instant loan to the Plaintiff. From July 8, 2016 to December 6, 2016, the Defendant: (a) the overdue rent of KRW 1,726,66 [350,00 x 350,000 x 28/30, and less than KRW 3500 x 28/30)], as the date of payment, and the Plaintiff seeks from December 7, 2016 to April 17, 2018, the delivery date of a copy of the application for alteration of the purport of the instant claim and the cause of the claim, which is 5% per annum under the Civil Act, and from the following day to the date of full payment.

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