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(영문) 부산지방법원 2021.01.20 2020나40884
건물명도 등
Text

The judgment of the first instance court is modified as follows.

The Defendant

(a) deliver the buildings listed in the separate sheet;

Reasons

On February 2017, the Plaintiff: (a) around February 2017, the Plaintiff leased the instant building to the Defendant, which is to be newly constructed on the land of Busan-gun, Busan-gun (hereinafter “instant land”); (b) KRW 20 million; (c) monthly rent of KRW 1.2 million; (d) monthly rent of KRW 1.2 million; and (e) from January 1, 2017 to June 30, 2021.

At the time, the Defendant paid the monthly rent from January 1, 2017, and concluded a special agreement that the Plaintiff may terminate the contract if the Defendant was in arrears for the three-year period of arrears (hereinafter “instant lease agreement”). From January 1, 2017, the Defendant used the instant land as a parking lot in the automobile maintenance business establishment, and the instant building was located.

4. From the time of completion, the instant land and buildings are used as the maintenance place of the automobile maintenance business.

The Defendant did not pay the Plaintiff the rent after February 1, 2017.

[Ground of recognition] In the absence of dispute, the Plaintiff may terminate the instant contract, as the Defendant did not pay the monthly rent after February 1, 2017, and did not pay the rent to the Defendant for three months. As such, the Plaintiff may terminate the instant contract.

The fact that the copy of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the contract of this case on October 2, 2019, is evident in the record that it was delivered to the Defendant on October 2, 2019. Thus, the contract of this case was lawfully terminated.

After the termination of the instant contract, it is ratified that the rent is the same amount as before the termination.

Unless there exist special circumstances, the Defendant delivers the instant building to the Plaintiff, and on February 1, 2018 (the Plaintiff, out of the rent in arrears of the Defendant, deducted from the deposit deposit amount of KRW 20 million, the sum of KRW 14.4 million for 12 months from February 2017 to January 2018, and then claimed from February 2018.

From No. 3 to the completion date of the above delivery, it is reasonable to rent or rent at the rate of KRW 1.2 million per month.

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