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(영문) 대전지방법원 2018.06.27 2017가단22978
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the attached buildings indicated in the attached Form, each point of 3, 4, 5, 6, and 3 indicated in the attached Form.

Reasons

Basic Facts

On November 4, 2016, the Plaintiff and the Defendant concluded a lease agreement that leases part (B) and 92m2m2 to the Defendant, which connected each point of the attached Form No. 3, 4, 5, 6, and 3 among the buildings indicated in the attached Form No. 3,4, 5, 6,

The lease deposit under the above lease agreement is KRW 10 million, and the rent is KRW 80,000,000 per month, and if the overdue interest falls short of the amount of three months due to the overdue payment of the rent, the plaintiff may terminate the lease agreement immediately.

On November 20, 2016, the Defendant paid the deposit to the Plaintiff and used the said building in delivery.

The judgment on the issue: The plaintiff asserts that the lease contract was lawfully terminated by the notice of termination around September 20, 2017, and the service of a copy of the application for change of the claim as of May 15, 2018, even if not, the plaintiff claimed that the lease contract was terminated.

On September 20, 2017, the Defendant claimed that the overdue rent of KRW 1.6 million was not paid at the time of the declaration of termination by paying the overdue rent of KRW 1.6 million on September 1, 2017, which was before the termination on September 20, the Defendant did not reach the three-year overdue rent.

Judgment

As of March 20, 2018, as of September 21, 2017, from March 20, 2017 to March 20, 2018, the Defendant is deemed to have led to confession on the following grounds: (a) the rent of KRW 4,80,00 and the electricity fee of KRW 960,790 and the water rate of KRW 969,580 are not clearly contested.

Therefore, the above lease contract was terminated because it is obvious that the copy of the claim and the application form for modification of the cause of the claim, dated May 15, 2018, stating the intention of termination, was delivered to the defendant on June 4, 2018.

Therefore, in light of the determination on the claim, since the above lease contract was terminated lawfully, the defendant delivers to the plaintiff part 92 square meters in the ship (B) which connects each point of the attached Form 3, 4, 5, 6, and 3 among the buildings indicated in the attached Form among the buildings indicated in the attached Form, and the overdue rent, electricity fee, and water fee.

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