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(영문) 대전지방법원 2018.11.22 2017가단5973
건물인도 등
Text

1. The Defendant, from October 24, 2018 to October 27, 2018, is an underground floor of 139.67 square meters among the buildings listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 24, 2014, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on the lease deposit amounting to KRW 20 million, monthly rent of KRW 1,350,000 (in addition to value-added tax, monthly advance payment on November 24, 2014), and from November 23, 2016, with respect to the entire land size of 139.67 square meters (hereinafter “instant store”), among the buildings listed in the attached list owned by the Plaintiff and the Defendant. The Defendant paid the full deposit amount of the lease deposit at that time, and operates a singing box with the delivery of the instant store.

B. On May 27, 2016, the Plaintiff agreed with the Defendant to change the rent into KRW 1250,000 (excluding value-added tax) per month.

C. According to the instant lease agreement, if a lessee fails to pay rent more than twice, the lessor is entitled to terminate the lease agreement.

On October 13, 2016, the Plaintiff sent a notice of termination of the contract to the effect that the instant lease agreement will be terminated if the Defendant did not pay in full the overdue rent of KRW 9,702,00 (7 months) until October 23, 2016, when the Defendant was in arrears at several times, and the Plaintiff did not pay in full until October 23, 2016.

E. On October 28, 2016, the Defendant remitted 8,250,000 won in arrears to the Plaintiff’s account on November 23, 2016 (on November 2016), and KRW 1,375,000 in arrears (on November 2016).

F. On February 24, 2017, the Plaintiff sent a new notice to the effect that the instant lease agreement will be terminated on the grounds of the Defendant’s delay of rent, and filed the instant lawsuit seeking delivery of a building on March 8, 2017.

G. Meanwhile, as of October 23, 2018, the Defendant, while occupying and using the instant store until now, has paid the money equivalent to the rent accrued during the said period.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1, Eul 4, and 6 (including additional numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the instant lease contract was lawfully terminated at that time because the Defendant did not pay the overdue car until October 23, 2016.

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