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(영문) 대구지방법원포항지원 2017.11.30 2017가단101339
건물명도(인도)
Text

1. The defendant (Counterclaim plaintiff) B delivers to the plaintiff (Counterclaim defendant) 148.9 square meters per floor among the buildings listed in the attached Table list, and 6,800.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is the owner of the building indicated in the attached list.

B. On November 29, 2014, the Plaintiff: (a) leased to Defendant B a lease deposit amounting to KRW 30 million; (b) up to November 30, 2017; and (c) KRW 850,000 per month of rent, among the buildings listed in the attached Table, KRW 148.9 square meters (in the lease contract, 152.42 square meters; hereinafter “instant 1st floor building”); and (d) the lease term of KRW 30,000,000,000,000 won

(hereinafter “instant primary lease contract”). C.

On March 14, 2015, the Plaintiff leased to Defendant C the 2nd floor of 86.16 square meters (hereinafter “instant 2nd floor building”) among the buildings indicated in the attached Table list to Defendant C by setting the lease term as KRW 150,000 per month until March 14, 2017, and the rent as KRW 1.50,000 per month.

(hereinafter “instant secondary lease”). D.

The Defendants possessed each of the instant buildings until now, and Defendant C delayed payment of KRW 300,000 for two months from November 14, 2015 to January 14, 2016, and KRW 900,000 for six months from September 15, 2016 to March 14, 2017. Defendant B delayed payment of KRW 1.7 million for two months from November 30, 2015 to January 30, 2016, and KRW 51 million for six months from September 30, 2016 to March 30, 2017.

E. Meanwhile, on April 3, 2017, a copy of the complaint of this case stating the Plaintiff’s declaration of intent was served on the Defendants on the following grounds: “The termination of each of the instant lease agreements, as the Plaintiff did not pay more than two times in arrears under each of the instant lease agreements.”

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

2. According to the facts of the judgment on the grounds of the principal claim, the Defendants failed to pay two or more times as the difference under each of the instant lease agreements, and the Plaintiff notified the termination thereof. Accordingly, each of the instant lease agreements was lawfully terminated.

Therefore, Defendant B is obligated to deliver the instant building to the Plaintiff, and the overdue rent of KRW 6.8 million and the Plaintiff claimed.

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