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(영문) 대전지방법원 2017.06.22 2016가단34813
건물명도 등
Text

1. The Defendant shall deliver the Plaintiff a floor of 107.28 square meters and 100.8 square meters among the buildings indicated in the attached Table, among the buildings, to the Plaintiff, and the same from August 20, 2016.

Reasons

1. Facts of recognition;

A. On May 4, 2016, the Plaintiff concluded a lease agreement with the Defendant, setting the lease deposit of KRW 10,000,000, monthly rent of KRW 500,000 (payment on May 20), and from May 21, 2015 to August 20, 2015, with respect to the entire building of KRW 107.28 square meters on the first floor among the buildings indicated in the attached Table (hereinafter “the first floor of the instant building”).

B. On May 4, 2016, the Plaintiff concluded a lease contract between the Defendant and the end of May 2017, setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 500,000 (payment on May 20), and the lease period of May 21, 2015 to May 20, 2017.

C. From May 21, 2016, the Defendant began to possess the first and second floors of the instant building from May 21, 2016, but did not pay the lease deposit to the Plaintiff.

On September 23, 2016, the Plaintiff extended the lease period to the Defendant for the first floor of the instant building, and the Defendant did not pay the lease deposit and the rent from August 20, 2016. Thus, the Plaintiff paid the overdue rent and requested the delivery of the instant building that had expired.

[Ground of recognition] The items of evidence Nos. 1-1, 2, and 1-2, and the purport of the whole pleadings

2. Determination

A. According to the above facts, it can be seen that the lease contract for the first floor of the instant building has been terminated due to the expiration of the lease term for the first floor of the instant building.

In addition, the plaintiff is seeking the delivery of the first and second floors of the building of this case on the grounds that the defendant's deposit and rent are unpaid. Thus, it is appropriate to interpret the plaintiff's assertion as an expression of intent to terminate the lease contract on the first and second floors of this case on the grounds that the defendant's deposit and rent are unpaid.

Therefore, the lease contract for the first floor and the second floor of the instant building was terminated, and the Defendant is obligated to deliver the first floor and the second floor to the Plaintiff.

B. The Defendant paid the difference from August 20, 2016.

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