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(영문) 부산지방법원서부지원 2020.01.22 2018가단9782
건물명도등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) Attached drawings out of the underground space of the buildings listed in the attached list;

Reasons

1. Facts of recognition;

A. On June 4, 2015, the Plaintiffs agreed to lease 215 square meters out of the underground space of the building indicated in the attached list (hereinafter “instant building”) to the Defendant, and concluded a lease agreement with the following contents (hereinafter “instant lease agreement”).

- Rental deposit: 5 million won, monthly rent: 1.6 million won (excluding value-added tax, and payment on 10 days per month): 12 months from the date of surrender;

B. After entering into the instant lease agreement, the Defendant occupied and used part 323 square meters of “B” or “part 323 square meters in the ship (hereinafter “instant case”) connected with each point of the attached drawing Nos. 15, 16, 17, 18, 19, 20, 21, 22, and 15 in sequence among the underground space of the instant building in excess of the leased part under the said contract. (c) The Defendant is running the manufacturing business of new parts while operating the business of manufacturing new parts while performing dynasiuming the bb of the instant building.

The instant lease contract has been implicitly renewed, and the Defendant delayed payment of monthly rent and did not pay monthly rent and management expenses from February 2018.

E. Accordingly, on July 11, 2018, the Plaintiff sent a content-certified mail to the effect that the instant lease contract will be terminated without payment by July 20, 2018, requesting the Defendant to pay the monthly rent in arrears until July 20, 2018.

F. From July 2017 to November 30, 2019, the monthly rent and management expenses in arrears amounting to KRW 42,447,200.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts of the judgment on the grounds of the principal claim, the instant lease agreement was lawfully terminated due to the Defendant’s delinquency in paying monthly rent, barring any special circumstance, the Defendant delivered the instant “B” portion to the Plaintiffs, and the sum of monthly rent and management fees in arrears until November 30, 2019.

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