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(영문) 창원지방법원통영지원 2019.01.22 2018가단1789
건물명도
Text

1. From 200,000,000 to 26, 2010 to 200,000 won, the Defendant shall complete delivery of the buildings listed in the separate sheet from December 26, 2018 to the completion date.

Reasons

1. Facts of recognition;

A. On August 21, 2017, the Plaintiff and the Defendant entered into a real estate lease agreement (hereinafter “instant lease agreement”) with respect to the building listed in the attached list owned by the Plaintiff (hereinafter “instant building”), setting the lease deposit amount to KRW 200 million, monthly rent to KRW 7 million, and the lease term to three years from September 25, 2017.

B. Until September 25, 2017, the Defendant paid KRW 200 million for the lease deposit stipulated in the instant lease agreement. Around that time, the Defendant received the instant building from the Plaintiff and operated a bath in the said building.

C. From September 25, 2017, the Defendant did not pay a rent under the instant lease agreement, but the Plaintiff terminated the instant lease agreement on the ground that the Plaintiff was in arrears with a five-month rent of KRW 35 million as of February 27, 2018.

"" sent the mail to the defendant on February 28, 2018. D.

After receipt of the above mail, the Defendant paid each of the Plaintiff KRW 28 million on February 28, 2018, and KRW 7 million on March 26, 2018, respectively, to the Plaintiff as the rent under the instant lease agreement.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2-1, 3, 3-1, 2, and 6-1, 6-2, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the defendant did not pay more than three vehicles, and thus, pursuant to Article 10-8 of the Commercial Building Lease Protection Act, the right to terminate the lease contract of this case occurred to the plaintiff, and the plaintiff, at the time of conclusion of the lease contract of this case, did not pay a rent for more than two months, the plaintiff is entitled to terminate the lease contract of this case. Accordingly, the right to terminate the lease was claimed. However, since the above lease is a lease contract for a commercial building, the Commercial Building Lease Protection Act applies as it is a lease contract for the commercial building. Accordingly, the plaintiff's delayed payment pursuant to Articles 10-8 and 15 of the above Act

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