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(영문) 대전지방법원천안지원 2016.11.10 2016가단10045
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet; (b)

From February 21, 2015, above A.

subsection (b).

Reasons

1. Basic facts

A. On September 27, 2014, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) between the Plaintiff and the lessee, the lessee, the lease deposit amount of KRW 5,000,000, monthly rent of KRW 450,000, and the lease term from October 20, 2014 to October 20, 2016 (hereinafter “instant lease agreement”).

B. According to the instant lease agreement, the lessor may terminate the lease agreement if he/she fails to pay the lessee the rent at a two-year period (Article 4). Upon termination of the contract, the lessee shall restore the leased real estate to its original state and return it to the lessor.

(Article 5) is set forth.

C. After the conclusion of the instant lease agreement, the Defendant paid the amount of KRW 450,00 on July 11, 2015, KRW 450,00 on October 22, 2015, KRW 450,000 on October 22, 2015, KRW 450,000 on January 20, 2016, and KRW 450,00 on May 27, 2016, but the Defendant did not pay that amount.

Accordingly, on July 13, 2016, the Plaintiff terminated the instant lease agreement against the Defendant on the grounds of the delinquency in paying rent for at least two occasions, and thus, sought delivery of the instant real estate and payment of overdue rent.

“The instant suit was filed, and a duplicate of the complaint was served on the Defendant on August 10, 2016.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Determination:

A. Comprehensively taking account of the circumstances acknowledged prior to the determination as to the cause of the claim, the instant lease agreement is deemed to have been terminated upon the arrival of the Defendant of the duplicate of the instant complaint containing the Plaintiff’s declaration of termination of the instant lease agreement on the grounds of the Defendant’s delinquency in rent of at least two years. As such, the Defendant transferred the instant real estate, which is the leased object, to the Plaintiff, and paid that the Defendant paid the monthly rent for four months until February 20, 2015, as seen earlier. Accordingly, the following day from February 21, 2015 to February 20, 2015.

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