(영문) 대구지방법원서부지원 2016.10.11 2016가합51058

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(영문) 대구지방법원서부지원 2016.10.11 2016가합51058

건물명도

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1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b)86,432,550 won and in respect thereof;

Reasons

1. Basic facts

A. On May 13, 2015, the Plaintiff leased the building specified in the attached list No. 1 to the Defendant as the lease deposit amount of KRW 200,000,000, monthly rent of KRW 11,000,000 (excluding advance payment, value added tax on May 5, 2015) and from May 13, 2015 to December 4, 2016. On the same day, the Plaintiff leased the building specified in the attached list No. 2 (in addition to the buildings specified in the attached list No. 1, No. 2 (hereinafter referred to as the “instant building”) to the Defendant as the same lease term as the building specified in the attached list No. 1,40,00,00, monthly rent of KRW 11,00,000, and value-added tax of KRW 20,000, May 5, 2015, respectively.

B. From December 5, 2015, the unpaid Defendant paid 14,520,000 won monthly rent (including value-added tax) for the instant building from December 5, 201 to the Plaintiff (i) KRW 11,00,000 value-added tax of KRW 1,100,000 for the monthly rent of 11,10,000,000 for the instant building (ii) monthly rent of 2,200,000 for the instant building), but did not pay the monthly rent to the Plaintiff from that time to that time, and did not pay KRW 28,352,50 for the management fee.

C. On April 21, 2016, the notice of termination of the contract was sent to the Defendant on April 21, 2016, stating that the Plaintiff would terminate the lease agreement on the instant building on the ground that the monthly rent was overdue for at least two months, and the said mail was sent to the Defendant on April 22.

Meanwhile, the Defendant is operating a hospital in the name of “Cvalescent Hospital” in the building of this case until now.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the lease contract on the building of this case was terminated by the above notification of termination on the ground of the defendant's delinquency in rent. Thus, the defendant delivers the building of this case to the plaintiff, and ② the plaintiff seeks.

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