(영문) 대구지방법원서부지원 2017.04.19 2016가단54401

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(영문) 대구지방법원서부지원 2017.04.19 2016가단54401

건물명도

Text

1. The Defendant against the Plaintiff:

(a) connect each point of the attached Form No. 1,2,3,4,1 of the building recorded in the list to the annexed Form No. 1,2,3,4,1.

Reasons

1. Basic facts

A. As part of a housing welfare project, the Plaintiff is a public corporation that lets multi-household housing to move in to persons eligible for support.

B. On November 11, 2014, the Plaintiff: (a) leased the building leased by the Plaintiff during the period from November 21, 2014 to November 20, 2016, with the rent of KRW 63,640,000 to November 20, 2016, which is the co-owners of KRW 30,000 (202 on the second floor; hereinafter “instant building”); and (b) leased the building leased by the Plaintiff on the same day from November 21, 2014 to November 20, 2016, to the Defendant again setting the rent of KRW 63,640, and the period from November 21, 2014 to November 20, 2016.

(hereinafter “instant lease agreement”). C.

Article 9 of the instant lease agreement provides that the cases where a lessee fails to pay a rent for at least three months shall be grounds for cancellation or termination of the lease agreement. The Defendant did not pay the Plaintiff a total of KRW 992,370 from February 28, 2015 to April 30, 2016.

Accordingly, the Plaintiff expressed his/her intent to terminate the instant lease agreement by serving the Defendant’s written complaint on the grounds of the foregoing delinquency in rent, which was served on December 15, 2016 on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts, the instant lease contract was lawfully terminated by delivering a written complaint containing the Plaintiff’s declaration of intention to terminate the lease contract on the grounds of delinquency in rent, and thus, the Defendant delivered the instant building to the Plaintiff, and paid delay damages calculated at the rate of 15% per annum from December 16, 2016 to the day of complete payment, which is the day following the delivery date of the written complaint filed by the Plaintiff, with the Plaintiff over KRW 92,370,00,000, which is the day following the delivery date of the written complaint filed by the Plaintiff. The instant lease contract remains payable from May 31, 2016 to the day of delivery of the said building.

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