(영문) 부산지방법원 서부지원 2018.02.02 2017가단1637

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(영문) 부산지방법원 서부지원 2018.02.02 2017가단1637

건물인도등

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1. The defendant is paid KRW 1,416,667 from the plaintiff and at the same time, among the first floor of the building listed in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On August 20, 2016, the Plaintiff: (a) attached Table 1, 2, 3, 4, and 1 among the 1st floor of the building (the entire building is used as a convalescent hospital; hereinafter referred to as “C convalescent hospital”); (b) attached Table 29.210 square meters (hereinafter referred to as “instant store”) connected each point in sequence among the 1st floor of the building listed in the attached Table 2016 (the entire building is used as a convalescent hospital); and (c) leased a deposit of KRW 500,00 won, monthly rent of KRW 500,000 (the 25th day of the payment date), from August 20, 2016 to July 20, 2019.

(hereinafter “instant lease agreement”). B.

At the time of conclusion of the instant lease contract, the Defendant paid 5 million won to the Plaintiff, received delivery of the instant store from the Plaintiff, and operated it as a convenience store.

C. Since the delivery of the instant store, the Defendant did not pay all the agreed rent to the Plaintiff. On March 26, 2017, the Defendant suspended the business of convenience stores and set up the instant store.

On April 24, 2017, the Plaintiff filed the instant lawsuit against the Defendant, and a duplicate of the instant complaint containing an expression of intent to terminate the instant lease agreement on the grounds of delinquency in rent at least three occasions by the Defendant was served on the Defendant.

【Ground for recognition】 The fact that there has been no dispute, each entry or video of Gap 1 through 3 (including virtual numbers) or the purport of the whole pleading

2. The part demanding the name map of the store of this case

A. According to the facts of the judgment on the cause of the claim, the above lease contract was lawfully terminated on April 24, 2017, which included the Plaintiff’s declaration of termination of the instant lease on the grounds of delinquency in rent at least three occasions by the Defendant’s failure to pay monthly rent. Thus, the Defendant is obligated to order the Plaintiff to order the store, barring any special circumstances.

B. The defendant's assertion that the payment of rent 1 is not a default on the payment of rent, shall belong to the plaintiff.

유사 판례

-부산지방법원 서부지원 2018.02.02 2017가단2951

-서울중앙지방법원 2016.03.25 2015가단54774

-대구지방법원서부지원 2017.05.25 2016가단19866

-서울남부지방법원 2015.06.19 2015가단14468

-대구지방법원경주지원 2015.04.21 2014가단4838