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(영문) 대구지방법원 2015.02.13 2014가단53926
건물명도
Text

1. The Defendant, from June 17, 2014, at KRW 30,00,000 to KRW 30,000, has three floors among the buildings listed in the attached Table from June 17, 2014.

Reasons

1. Facts of recognition;

A. On May 17, 2014, the Plaintiff, among the buildings listed in the attached Table owned by the Plaintiff, leased the third floor of 215.96 square meters (hereinafter “instant building”) to the Defendant by setting the lease deposit of 30 million won, monthly rent of 1.2 million won (excluding value-added tax), and the lease period from May 17, 2014 to May 17, 2017.

B. Around that time, the Defendant is running a restaurant with the trade name “C” on delivery of the instant building.

C. However, the Defendant does not pay the monthly rent from June 17, 2014.

The Plaintiff notified the Defendant that the instant lease contract was terminated on the ground that the service of the duplicate of the complaint of this case did not pay two or more rents.

[Grounds for Recognition] deemed confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. According to the facts of the above recognition, the lease contract of this case was lawfully terminated according to the plaintiff's notice of termination on the ground of not less than two years of delinquency in rent.

Therefore, according to the Plaintiff’s claim, the Defendant is obliged to pay the Plaintiff the amount calculated by deducting the amount calculated by the Defendant’s delayed payment of the rent from June 17, 2014 to the date of delivery of the instant building to the Plaintiff from the value-added tax of KRW 1320,000 per month (the value-added tax of KRW 1.2 million per month), and at the same time to deliver the instant building to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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