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(영문) 제주지방법원 2020.01.14 2018가단10240
건물인도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) 3,175,340 won and December 11, 2018.

Reasons

1. Facts of recognition;

A. On May 25, 2012, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of one million won, from May 25, 2012 to May 24, 2017, with the lease deposit amount of one million won, and four million won per annum from May 25, 2012.

B. The Defendant leased the instant building and registered its business with the trade name of “C”, and engaged in manufacturing and wholesale business of eco-friendly cosmetics, etc., but did not pay the Plaintiff rent only until November 24, 2017, and the Plaintiff paid the rent that is unpaid to the Defendant around October 16, 2018, and notified the Defendant that the said lease contract will be cancelled due to a cause attributable to the Defendant, such as the delay of rent and the expiration of the period, if not paid by the said date, on November 26, 2018.

C. The Plaintiff filed the instant lawsuit against the Defendant to the effect that the said lease was rescinded on the grounds of the expiration of the period of validity, and the instant warden was served on March 19, 2019 on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Gap evidence 9-1, 2, Eul evidence 7, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, it is reasonable to view that the above lease agreement was terminated on May 24, 2017 by serving the Defendant on March 19, 2019, between six months and one month before the expiration of the lease term, and on May 24, 2018, by serving the Defendant on May 24, 2019, which included the purport of the Plaintiff’s refusal to renew the lease agreement.

Therefore, barring any special circumstance, the defendant is above.

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