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(영문) 대구지방법원포항지원 2016.07.12 2016가단1647
건물인도
Text

1.(a)

The defendant, from February 16, 2015 to February 16, 2015, is a building listed in the attached list.

Reasons

1. Basic facts

A. On May 25, 2013, C entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant building”) owned by C and D as “20 million won for lease deposit, 60 months for lease, 80,000 won for rent, and 15 days for rent payment,” and thereafter delivered the said building around that time, and received the said lease deposit from the Defendant.

The defendant has operated the restaurant at all times.

B. The Defendant did not pay the rent to C from February 15, 2015 due to reasons that the business situation is not good.

C. On October 30, 2015, the Plaintiff purchased the instant building from C and D, and agreed to succeed to the lessor’s rights and obligations under the said lease agreement, and completed the registration of ownership transfer on the said building on November 11, 2015.

After that, the Plaintiff notified the fact that the owner of the building was changed by finding the Defendant, and that he succeeded to the rights and obligations of the lessor.

E. Even after the Defendant continued to operate the above restaurant, the Defendant did not pay the tea despite the Plaintiff’s demand on several occasions.

Accordingly, the plaintiff is still in arrears despite demand several times from February 15, 2015 to the defendant around January 26, 2016. If the plaintiff fails to pay the vehicle in arrears until January 30, 2016, he/she may receive any legal disadvantage.

The notice was given by content-certified mail to that effect.

F. As the Plaintiff did not pay the rent in arrears until January 30, 2016, the Plaintiff filed the instant lawsuit seeking delivery of the instant building and payment of the rent in arrears on the premise that the lease contract was terminated on February 25, 2016, and the Defendant was served a duplicate of the instant complaint on March 4, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant did not pay the rent from February 15, 2015, and the rent in arrears is three months.

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