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(영문) 대구지방법원김천지원 2019.08.22 2018가단35895
건물명도(인도)
Text

1. The defendant shall issue to the plaintiffs each point of the separate sheet Nos. 1, 2, 3, 4, and 1 among the buildings listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On December 26, 2014, the Plaintiffs entered into a lease agreement with the Defendant on a deposit of KRW 15 million, monthly rent of KRW 1180,00,00,000, and from January 1, 2015 to 24 months from the lease period of the instant lease agreement (hereinafter “instant lease agreement”) with respect to the portion (A) of KRW 99.8 square meters in a ship (hereinafter “instant building”) connected with each point of the attached specification 1,2,3,4, and 1,000 square meters in sequence among the buildings indicated in the attached list, and delivered the instant building to the Defendant.

B. The instant lease agreement was renewed once, and the Defendant did not pay the Plaintiffs monthly rent from July 2, 2018 to July 2, 2018.

C. On November 30, 2018, a duplicate of the complaint of this case, stating the Plaintiffs’ declaration of intent to terminate the instant lease agreement on the grounds of two or more years of delinquency, was served on the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts of determination, the instant lease agreement was terminated on November 30, 2018 on the grounds of the delinquency in rent for at least two years, and thus, the Defendant, a lessee, is obligated to deliver the instant building to the Plaintiffs, the lessor.

As to this, the Defendant, upon obtaining permission from the Plaintiffs on June 2018, disbursed construction costs of KRW 12 million on behalf of the Plaintiffs. The Defendant agreed with the Plaintiffs to substitute for the rent of KRW 12 million from the monthly rent under the instant lease agreement until June 30, 2019, and the Defendant did not withhold the monthly rent from July 2, 2018 to June 30, 2019. Thus, the Plaintiffs asserted that the instant lease agreement cannot be terminated.

However, it is not sufficient to recognize that there was such an agreement as claimed by the Defendant only with the images of the evidence No. 1, and otherwise, it is recognized.

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