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(영문) 대전지방법원천안지원 2019.06.26 2019가단940
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver 138.4 square meters per floor among the buildings listed in the attached list;

(b) from March 1, 2019 to Form 3.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a lease agreement with C on June 11, 2018, and the Plaintiff is 138.4 square meters on the first floor among the buildings listed in the separate sheet in C, Co., Ltd. (hereinafter “instant real estate”).

(1) A lease agreement (hereinafter referred to as “instant lease agreement”) that provides a lease deposit of KRW 20,00,000, monthly rent of KRW 4,000 (excluding value-added tax), management expenses of KRW 100,000, lease period of KRW 100,000, July 31, 2023 from August 1, 2018 to July 31, 2023, which is set as the first day of each month at the time of rent payment (hereinafter referred to as “instant lease

(2) Article 4 of the instant lease agreement provides that the lessor may terminate the contract immediately where the lessee fails to pay rent more than three times.”

B. On August 31, 2018, the Defendant agreed to accept the lessee’s status under the instant lease agreement between the Plaintiff, Co., Ltd. and C, and operated a car page on the instant real estate.

C. (1) The Defendant did not pay the rent and the management fee from August 1, 2018 to October 1, 2018. (2) If the Plaintiff requested the Defendant to pay the rent and the management fee in arrears on November 16, 2018, the Defendant promised to pay the rent and the management fee in arrears until November 30, 2018. However, on November 30, 2018, the Defendant did not pay the rent and the management fee in arrears to the Plaintiff until December 1, 2018.

On December 2, 2018, the Plaintiff sent to the Defendant a certificate of content that “the Defendant shall terminate the instant lease agreement by failing to pay rent more than three times,” and the content certification reached the Defendant on December 5, 2018.

[Judgment of the court below] The ground for recognition is without merit, entry of Gap evidence 1 through 3, and the purport of whole pleadings

2. Determination on the cause of the claim

A. According to the facts of the above recognition of the request for extradition, the defendant around December 2, 2018.

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