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(영문) 대구지방법원 2020.11.25 2019가단22576
대지인도 등
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1. The defendant

(a) deliver each land listed in the separate sheet No. 1 and listed in the separate sheet No. 2;

Reasons

1. Facts of recognition;

A. On June 13, 2011, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease to the Defendant during the period from July 1, 201 to June 30, 2018, setting the lease deposit of KRW 30 million, monthly rent of KRW 1 million, and the lease period of KRW 1 million from July 1, 201 to June 30, 201.

B. On November 25, 2011, the Plaintiff completed registration of initial ownership relating to the building listed in the attached Table 1 on the instant land No. 1 (hereinafter “instant building”).

C. On April 25, 2018, the Plaintiff concluded a lease agreement with the Defendant, setting the instant land No. 1 and the instant land No. 482 square meters owned by the Plaintiff (hereinafter “instant land No. 2”) and the instant building as lease deposit amounting to KRW 30 million, monthly renting KRW 2.3 million, and the lease period from July 1, 2018 to June 30, 2020 (hereinafter “instant lease agreement”). D. D. The Plaintiff concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) with the period from July 1, 2018 to June 30, 2020.

On December 31, 2019, the Defendant delayed the payment of the rent of KRW 11,50,000,000 for five months as of December 31, 2019. Accordingly, the Plaintiff terminated the instant lease agreement on the ground that the delivery of a copy of the instant complaint was delayed.

E. On the land of this case No. 2, there is a provisional building listed in the attached Table 3 list established by the defendant (hereinafter “the provisional building of this case”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 (including those with a tentative number, and hereinafter the same), the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment as to the cause of the claim, the lease contract of this case No. 2 was lawfully terminated by the plaintiff's termination notification. Accordingly, the defendant delivers the land of this case No. 1 and 2 and the building of this case to the plaintiff, removes the building of this case, and remove the building of this case. The rent of 11.5 million won in arrears and the building of this case from January 1, 2020.

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