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(영문) 대구지방법원 2019.05.29 2018가단22975
건물인도 등
Text

1. The defendant shall deliver to the plaintiffs the 3th floor of 201.24 square meters among the buildings listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. On May 1, 2017, D entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the lease deposit of KRW 15 million, monthly rent of KRW 600,000 (excluding value-added tax), and the lease period from May 1, 2017 to 24 months (hereinafter “instant lease agreement”).

B. On May 18, 2018, the Plaintiffs completed the registration of ownership transfer for each of 1/2 shares among the buildings listed in the separate sheet, and succeeded to the instant lease agreement.

C. On October 4, 2018, the Defendant delayed payment of the rent. Accordingly, on October 18, 2018, the Plaintiff sent to the Defendant a content-certified mail containing an expression of intent to terminate the instant lease agreement on the grounds of this, and the said content-certified mail reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above fact-finding, the instant lease agreement was lawfully terminated when the content-certified mail of October 18, 2018 of Plaintiff A reaches the Defendant. Therefore, the Defendant is obligated to deliver the instant building to the Plaintiffs, barring any special circumstance.

Although the Defendant asserts that the Plaintiffs would maintain the instant lease agreement until April 2019 notwithstanding the Defendant’s delinquency in rent, or suspend the payment of rent until that time, the Defendant’s assertion is rejected as there is no evidence to acknowledge this.

3. In conclusion, the plaintiffs' claims are justified, and it is so decided as per Disposition.

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