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(영문) 수원지방법원 2015.06.11 2015가단104929
건물명도
Text

1. Defendant B from 60,000,000 to 60,000 to 21, 2014 to 30,000,000, respectively, for the delivery of buildings listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On February 20, 2012, the Plaintiff completed the registration of ownership transfer with respect to the building listed in the separate sheet (hereinafter “instant building”).

B. On September 26, 2013, the Plaintiff entered into a lease agreement with Defendant B to lease the instant building with each of the terms of lease deposit of KRW 60,000,000, monthly rent of KRW 1,000,000, and the term of lease of KRW 1,000,000 from October 20 to October 19, 2015 (hereinafter “instant lease agreement”). On October 20, 2013, the Plaintiff transferred the instant building to Defendant B and received KRW 60,00,000 from Defendant B around the same month.

C. According to the instant lease agreement, in a case where the lessee fails to pay rent more than twice consecutively, the lessor is entitled to terminate the instant lease agreement immediately.

However, from May 21, 2014, Defendant B delayed the payment of rent. Accordingly, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the grounds of delinquency in rent two or more consecutive times by serving a duplicate of the instant complaint, and the said termination notice reached Defendant B around February 25, 2015.

E. On the other hand, Defendant C transferred the instant building from Defendant B, and occupies it until the date of closing argument in the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination:

A. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated upon the lawful termination of the lease agreement around February 25, 2015 by the Plaintiff’s notice of the delayed payment of rent by Defendant B. Thus, Defendant B, a lessee, calculated by the rate of KRW 1,00,000 per month from May 21, 2014 to the completion date of delivery of the building of this case, upon the Plaintiff’s request, from the Plaintiff, as the lessor, to the KRW 60,000,000, starting from May 21, 2014 to the delivery date of the building of this case.

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