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(영문) 전주지방법원 군산지원 2018.11.08 2017가단7496
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver 427.15 square meters in a 4-story physical training hall among the real estate listed in the attached list;

B. Newly Inserted by Presidential Decree No. 2890, Dec. 1, 2

Reasons

1. Facts of recognition;

A. On June 26, 2003, the Plaintiff completed registration of initial ownership relating to the real estate listed in the separate sheet (hereinafter “instant building”).

B. On March 6, 2013, the Plaintiff entered into a lease agreement between the Defendant and the instant building on the deposit deposit amounting to KRW 30 million, monthly rent of KRW 1.7 million (in addition, five days per month), and the lease period from March 6, 2013 to March 5, 2015, with respect to the fourth-story fitness of the instant building (hereinafter “instant store”).

C. On November 1, 2015, the Plaintiff entered into a lease agreement with the Defendant and the instant store with a rental deposit of KRW 30 million, monthly rent of KRW 1780,000 (in addition, the additional tax, the fiveth day of each month), and the lease period from December 1, 2015 to November 30, 2016.

(hereinafter “instant lease agreement”). According to the instant lease agreement, the rent shall be calculated on a monthly basis from the first day of each month to the last day of each month.

(Article 4 (3) d. of the instant lease agreement

On August 16, 2017, the Plaintiff sent to the Defendant a certificate of content of “request for the surrender of a building due to the maturity of the lease term”.

E. On August 5, 2017 (as of August 5, 2017), September 5, 2017 (as of September 5, 2017), October 5, 2017 (as of October 5, 2017), and November 5, 2017 (as of November 5, 2017) the Defendant did not pay a vehicle under the instant lease agreement.

F. On November 14, 2017, the Plaintiff sent to the Defendant a certificate of the content that “The instant lease agreement was terminated as of November 30, 2017 due to the expiration of the lease term as of November 30, 2017 and the maturity of the lease term expires pursuant to Article 9 of the instant lease agreement. Furthermore, due to the failure to pay rent and management fee for more than four months, and due to the failure to pay electricity charge, the Plaintiff notified the Defendant of the termination of the lease term as of November 30, 2017 pursuant to Article 8(5) of the instant lease agreement.”

(hereinafter “this case’s content certification”). The content certification of this case is November 15, 2017.

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