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(영문) 수원지방법원 2020.08.12 2019가단571831
건물인도
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “the instant real estate”). On April 6, 2017, the Plaintiff leased each of the instant real estate to C Co., Ltd. (hereinafter “C”) for five years from the date on which each of the instant lease deposits was completed, with the amount of KRW 125,00,000,000, monthly rent of KRW 2,250,000 (excluding value-added tax); and

(hereinafter referred to as the “Lease”). At the time, both parties agreed to pay the monthly rent in cash by the end of the month.

After that, C was merged with the Defendant on June 1, 2017, and the Plaintiff and the Defendant confirmed on September 25, 2017 that the term of the lease of this case was from June 27, 2017 to June 26, 202, and confirmed that the term of the lease of this case was applied as it is.

B. The Defendant did not pay for the portion between August 2019 and October 10.

Accordingly, on November 7, 2019, the Plaintiff notified the Defendant of the termination of the instant lease on the ground that the monthly rent for the three-year period is unpaid.

[Evidence: Evidence No. 1, 2, and 7; All purports of oral argument]

2. Determination

A. Article 10-8 of the Commercial Building Lease Protection Act provides that "if the delayed amount of rent of a lessee reaches the three-year rent, the lessor may terminate the contract." According to the above facts of recognition, the defendant was in arrears for the three-year rent, and on the ground that the plaintiff terminated the lease of this case, the lease of this case was terminated upon termination.

I would like to say.

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

B. In the lease of this case, the Plaintiff agreed to issue a tax invoice for monthly rent to the Defendant by the 20th day of each month in determining the Defendant’s assertion, which is the duty to perform before the Defendant pays the monthly rent.

On July 2019, the Plaintiff demanded that the Defendant raise substantially the monthly rent of the instant lease, and the Defendant accordingly.

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