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(영문) 창원지방법원 2020.05.26 2019가단121349
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

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

B. 1 3,300.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On July 15, 2019, the Plaintiff and the Defendant concluded a lease agreement with the Defendant stating that the instant real estate was leased KRW 40,000,000, monthly rent of KRW 1,750,000 (Provided, That the monthly rent shall be KRW 1,650,000 until November 15, 2019, and the subsequent payment shall be made on July 15, 201) and the term of lease shall be fixed from July 15, 2019 to July 14, 2021 (hereinafter “instant lease agreement”).

B. The Defendant did not pay to each Plaintiff on August 15, 2019 and September 15, 2019, and paid from October 25, 2019, that the Plaintiff is obligated to pay to each Plaintiff on October 15, 2019.

C. As the Defendant did not pay the monthly rent from August 2019 to October 2019, the Plaintiff notified the Defendant on October 18, 2019 that the instant lease contract will be terminated on the ground of the said three-time arrears, and the said notification reached the Defendant on October 21, 2019.

The defendant operates accommodation in the building of this case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 2, the purport of the whole pleadings

2. Article 10-8 of the Commercial Building Lease Protection Act provides, “If the annual rent of a lessee amounts to a rent of three-year period, the lessor may terminate the contract.”

The Defendant delayed the payment of rent from August 2019 to October 2019; and the Plaintiff notified the Defendant that the instant lease contract was terminated on the grounds of the delinquency in the payment of rent from August 2019 to October 2019; and the fact that the notification was delivered to the Defendant is recognized as above. Therefore, the instant lease agreement was lawfully terminated on the grounds of the delay in rent by the Defendant.

Therefore, the Defendant, barring special circumstances, delivers the instant building to the Plaintiff, and, barring special circumstances, KRW 3,300,000 for overdue rent ( KRW 1,650,000 for August 1, 2019) and the following day after the delivery of a copy of the instant complaint.

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