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Reasons
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(영문) 창원지방법원거창지원 2016.04.12 2015가단11644
건물명도
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1. The Plaintiff, the Defendant A, and the Defendant B, indicated in the [Attachment List No. 1], and the [Attachment List No. 2].

Reasons

1. Facts of recognition;

A. On July 14, 2014, the Plaintiff leased to Defendant A a building listed in attached table Nos. 1 (hereinafter referred to as “net1 building”) by setting the lease deposit of KRW 19,769,00, monthly rent of KRW 153,760, and the lease term of KRW 153,760, from July 1, 2014 to June 30, 2016. Around that time, the Plaintiff handed over the building Nos. 1 to Defendant A.

B. On June 26, 2014, the Plaintiff leased to Defendant B the real estate listed in paragraph (2) of the [Attachment List No. 16,474,00 won, monthly rent of KRW 131,790, and the lease term of KRW 131,790 from July 1, 2014 to June 30, 2016. At that time, the Plaintiff handed over the building No. 2 to Defendant B.

C. At the time of concluding each lease agreement, the Plaintiff and the Defendants agreed to allow the Plaintiff to terminate each lease agreement in cases where the Defendants, the lessee, were in arrears for more than three consecutive months. The Defendants were in arrears for eight consecutive months from April 2015 to November 2015.

As above, the duplicate of the complaint of this case, stating the Plaintiff’s declaration of intention to terminate each lease agreement on the grounds that the Defendants had been in arrears for more than three consecutive months, was served on January 7, 2016, and on December 28, 2015 on Defendant B.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. Determination

A. As seen earlier, the lease agreement between the Plaintiff and the Defendant A as to the cause of the claim between the Plaintiff and the Defendant on January 7, 2016, and the lease agreement between the Plaintiff and the Defendant B between the Plaintiff was legally terminated on December 28, 2015, the Plaintiff is obligated to deliver the No. 1 building and the Defendant B, respectively.

B. Defendant A’s assertion asserts that Defendant A’s claim cannot be complied with as the monthly rent in arrears was fully paid until February 18, 2016.

However, according to the statement of Gap evidence No. 4, defendant A's partial repayment.

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