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(영문) 울산지방법원 2018.10.04 2018가단51746
건물명도(인도)
Text

1. The defendant received KRW 8,237,420 from the plaintiff and simultaneously received KRW 8,237,420 from the plaintiff, the second floor of the building attached to the plaintiff.

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A through 5 and the purport of the entire pleadings.

A. On April 10, 2017, the Defendant entered into a lease agreement with the Plaintiff on the condition that the Defendant leased the instant building owned by the Plaintiff from the Plaintiff from the Plaintiff, KRW 10,000,00, KRW 400,000 per month of rent, and KRW 400,000 per annum from June 16, 2017 to June 10, 2019 (hereinafter “the instant lease”). At that time, the Defendant was handed over the instant building, and paid KRW 10,00,000 by May 10, 2017.

B. Although the Defendant concluded the instant lease contract for the purpose of operating a coffee shop, it did not fully pay as from July 10, 2017, while continuously occupying the instant building without using and making profits from the instant building, such as not conducting any business on the instant building.

C. On November 9, 2017, the Plaintiff sent a notice to the Defendant that the instant lease contract will be terminated on the grounds of the delinquency in rent for at least two months, by content-certified mail, and the said notice reached the Defendant at that time.

The Plaintiff paid on behalf of the Defendant KRW 162,580,000 from April 2017 to June 2018.

2. According to the facts based on the determination of the cause of the claim, barring any special circumstance, the instant lease agreement was lawfully terminated on November 9, 2017 upon the termination of the Plaintiff on the grounds of the Defendant’s delinquency in rent for a period of not less than two months, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the rent in proportion to KRW 400,000 per month from July 10, 2017, and the amount of the rent in proportion to the rent and the amount of damages equivalent to the rent.

3. Judgment on the defendant's defense

A. The first defendant's first defense against the defendant's first defense is that the building of this case does not have a singke and floor since the lease contract of this case.

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