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(영문) 부산지방법원동부지원 2019.10.16 2019가단201626
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) KRW 2,276,370 and as regards this, it shall be dated 2019.

Reasons

1. Facts of recognition;

A. On December 28, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit as KRW 25,385,00, monthly rent as KRW 300,010, and the lease term as from January 1, 2016 to March 31, 2017 (hereinafter “instant lease agreement”).

After that, as the instant lease contract was renewed on January 1, 2018, lease deposit was increased to KRW 26,654,000, and KRW 315,010 per month.

B. According to Article 10(1)4 of the General Conditions of the instant lease agreement, a lessor may cancel or terminate the lease agreement, or refuse to renew the lease agreement, “if the lessee has been in arrears for at least three consecutive months.”

"It is prescribed".

C. From July 2018 to December 2018, the Defendant continued to delay the monthly rent. D.

Accordingly, the Plaintiff, through the instant complaint, declared the Defendant to terminate the instant lease agreement on the grounds of delinquency in rent, and the duplicate of the instant complaint was served on the Defendant on February 25, 2019.

E. Meanwhile, the Defendant’s total rent unpaid until August 31, 2019 is KRW 2,276,370 (including delayed rent).

F. The Defendant occupied and used the instant real estate at the time of the closing of the argument in this case.

【Reasons for Recognition】 Records of Evidence Nos. 1 through 6, significant facts in this court, and the purport of the whole pleadings

2. According to the above facts, since the lease contract of this case was lawfully terminated and terminated on February 25, 2019, the defendant delivered the real estate of this case to the plaintiff to its original state. ② From September 1, 2019 to September 24, 2019 to September 27, 2019, the delivery date of a copy of the purport of the claim and the application for modification of the cause of the claim, from September 27, 2019 to September 27, 2019.

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