(영문) 대구지방법원 2018.08.30 2017가단133120

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Reasons

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(영문) 대구지방법원 2018.08.30 2017가단133120

건물명도(인도)

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1. The defendant is against the plaintiffs, and A.

Attached Form

The real estate indicated in the list shall be handed over, and from December 1, 2017, the real estate above.

Reasons

1. Facts of recognition;

A. On March 6, 2016, Plaintiff C concluded a lease agreement (hereinafter “instant lease agreement”) on behalf of the Plaintiffs with the former lessee for the real estate indicated in the separate sheet of co-ownership of the Defendant and the Plaintiffs (hereinafter “instant commercial building”) with regard to deposit money of KRW 80 million, monthly rent of KRW 5720,000 (including value-added tax) and the lease term from March 6, 2016 to March 5, 2018.

B. The major contents of the above lease agreement and the special agreement attached thereto are as follows:

-Article 3 (Change of Use and Sub-lease, etc.) Lease shall not change the use or structure of the above real estate, transfer the sub-lease or offer the security thereof, nor use it for purposes other than those of lease without the consent of the lessor.

Article 4 (Termination of Contract) If the lessee's delinquency in the rent falls short of two terms, or if the lessee violates Article 3, the lessor may terminate the contract without delay.

-special agreement

2. The monthly amount of tax shall be prepaid, but if the lessee is in arrears with monthly rent for at least two months or violates the prohibition items, the lessor may, without any peremptory notice, immediately terminate the lease contract and demand the return of the said real estate, and the unpaid monthly amount of tax shall be deducted from the deposit;

5. The tenant is not entitled to all the lease contract as security against the third party. Even though the third party has filed a lawsuit with the court on the basis of this contract, the third party is not allowed to refer to this special agreement. On July, the third party is not allowed to transfer the real estate to the third party without the approval of the lessor, to transfer the deposit, to repay the claim for the repayment of the deposit, to sub-lease, and even after the termination of the contract, the lessee pays 50 million won to the lessor, and the third party cannot assert any right against the lessor.

C. The Defendant did not pay the rent from June 2017 to November 30, 2017.

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