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(영문) 대구지방법원서부지원 2017.06.14 2016가단59833
건물명도등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The defendant shall provide the plaintiff's successor with the real estate listed in the attached list.

Reasons

On September 27, 2013, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant building”) owned by the Plaintiff to the Defendant 10 million won, 6 million won per month, 6 million won per month (payment of value-added tax on the last day of each month), from November 30, 2013 to November 29, 2018 (hereinafter “instant lease contract”). Notwithstanding the Plaintiff’s demand for at least three months from June 2016, the Defendant did not pay monthly rent under the instant lease contract despite the Plaintiff’s demand for at least three months from June 2016. The Plaintiff failed to pay monthly rent to the Defendant on September 6, 2016, on the ground that the Plaintiff was unable to pay rent for at least three years, or that the lessor was unable to pay rent for at least three years without any reasonable ground and the Plaintiff’s intention to terminate the instant lease contract under the name of the Plaintiff 16/186, and the Plaintiff’s heir and the Plaintiff’s heir of the instant building 16/6/18.

In accordance with the above facts, it is reasonable to view that the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination due to the Defendant’s default on rent, and the Defendant is obligated to deliver the building of this case to the Intervenor succeeding to the status of the lessor as the owner of the building of this case, and the Plaintiff’s claim that lost the status of the lessor is groundless.

(B) The plaintiff expressed his intention to withdraw from the lawsuit of this case, but the defendant continued to be absent on the date for pleading, and thus did not consent to the withdrawal of the plaintiff). Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the plaintiff's claim of this case is accepted as reasonable.

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