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(영문) 대전고등법원 2016.10.20 2015나2025
건물인도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 4, and 5 (including branch numbers if any).

On April 30, 2012, the Plaintiff concluded each lease agreement (hereinafter “instant lease agreement”) with the Defendant stating that each of the buildings listed in the separate sheet (hereinafter “each of the instant buildings”) as indicated in the separate sheet was leased KRW 10 million, KRW 500,000 per each lease deposit, KRW 500,000 per month, and period of lease from November 17, 2012 to November 17, 2014.

Article 4 of the instant lease agreement provides that “If a lessee fails to pay rent for at least two consecutive periods, the lessor may terminate the instant lease agreement immediately.”

B. On May 20, 2012, the Defendant paid the Plaintiff a total of KRW 20 million to the Plaintiff, and then received each of the instant buildings from the Plaintiff. From November 17, 2012 to the date of closing argument, the Defendant is running a singing practice room, etc. in each of the instant buildings.

C. On December 9, 2013, the Defendant paid a monthly rent up to July 2013 to the Plaintiff, and did not pay a monthly rent from August 2013. On December 9, 2013, the Plaintiff expressed to the Defendant that the instant lease contract is terminated unless the Defendant is in arrears within 14 days from the date of receipt of the said content-certified mail.

The above content-certified mail reached the defendant around that time, but the defendant did not pay the plaintiff the overdue charge within 14 days.

2. Determination as to the claim for delivery of a building among the main office of this case

A. According to the above facts as to the cause of the claim, the instant lease contract was lawfully terminated on the ground of the Defendant’s delay of rent.

Therefore, the defendant is obligated to deliver each of the buildings of this case to the plaintiff, unless there are special circumstances.

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