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(영문) 대구지방법원 서부지원 2018.10.18 2018가단56418
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) The top floor of the Gyeongju-gun C ground dong Lake C, the general steel frame, and the steel pipe board;

Reasons

1. Facts of recognition;

A. On September 17, 2015, the Plaintiff entered into a contract (hereinafter “instant lease contract”) with the Defendant to lease KRW 480.51 square meters at a 480.51 square meters factory at the Gyeong-gun, Sung-gun, Sung-gun, Sung-gun, a general steel framed, and steel pipeline, a single-story factory (hereinafter “instant real estate”) within the lease term from October 31, 2015 to October 30, 2017, with the deposit amount of KRW 20,000,000, and the rent of KRW 1,885,000 (excluding value-added tax) (hereinafter “instant lease contract”).

B. The Defendant paid the Plaintiff KRW 11,32,27,00, total of KRW 2,073,50 on November 5, 2015, KRW 2,074,00 on December 4, 2015, KRW 2,073,50 on January 4, 2016, KRW 942,727 on August 31, 2016, KRW 942,727 on March 16, 2017, KRW 2,073,50 on March 16, 2017, and KRW 11,32,227 on November 28, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Judgment on the plaintiff's assertion

A. According to Article 4 of the instant lease agreement on the claim for the delivery of real estate, in a case where the amount of the rent in arrears of the lessee reaches the two-term rent, the lessor may terminate the instant lease immediately. The Plaintiff entered into the instant lease agreement with the Defendant on September 17, 2015 and delivered the instant real estate to the Defendant on September 17, 2015, and the Defendant did not pay the Plaintiff a rent after November 28, 2017, and was in arrears for more than two years. As seen earlier, it is apparent in the record that the copy of the instant complaint stating the Plaintiff’s declaration of intention to terminate the instant lease on the ground of the delinquency in rent was served on the Defendant on May 31, 2018, and thus, the instant lease was terminated on the same day.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

B. On September 17, 2015, the Plaintiff entered into the instant lease agreement with the Defendant on September 17, 2015, agreed to the rent of KRW 2,073,50 per month (including value-added tax), and the Plaintiff from November 5, 2015 to November 28, 2017.

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