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(영문) 제주지방법원 2018.10.30 2018가단1390
건물명도 등
Text

1. The defendant shall be the plaintiff.

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

B. From November 28, 2017, the above A

(b).

Reasons

1. Basic facts

A. On August 1, 2014, the Plaintiff leased each real estate listed in the separate sheet (hereinafter “each of the instant buildings”) to C as of August 1, 2014 by the deposit of KRW 10 million per annum, KRW 6 million per annum (one million per annum from 2016), and the period of August 1, 2019.

B. On September 23, 2016, C drafted a lease agreement with the Defendant and each of the instant buildings until September 26, 2018, with a deposit amounting to KRW 20 million, KRW 24 million per annum, and a period of KRW 24 million per annum.

C. On November 28, 2016, the Plaintiff drafted a lease agreement with the Defendant and each of the instant buildings with the end of November 28, 2019, regarding KRW 9 million per annum as to the difference between the Defendant and the instant building.

(Provided, on November 28, 2017, KRW 20 million was additionally paid, and thereafter, the rent was increased to KRW 24 million per annum. (hereinafter “instant lease agreement”). At the time of the preparation of the said lease agreement, the Defendant issued a receipt in the name of C stating that “the Plaintiff was paid KRW 9 million from the Defendant” to the Plaintiff at the time of the preparation of the said lease agreement, and prepared and implemented a certificate of loan with the amount of KRW 15 million (paid on November 28, 2017).

On January 29, 2018, the Plaintiff sent to the Defendant a certificate of content that “it is impossible to maintain a lease agreement due to a failure to pay a security deposit and annual payment.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. As seen earlier, while the Defendant occupied and used each of the instant buildings under the instant lease agreement, the Plaintiff did not pay at all the lease deposit, etc. agreed upon at the time of the said lease agreement to the Plaintiff on November 28, 2017. Therefore, it is reasonable to deem that the Plaintiff, as the Plaintiff, has the right to terminate the lease agreement on the ground of the Defendant’s nonperformance of obligations regarding

Therefore, the instant lease contract was lawfully terminated by delivering a copy of the complaint indicating the Plaintiff’s intent to terminate the contract to the Defendant.

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