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(영문) 제주지방법원 2015.10.02 2014가단13401
건물명도 등
Text

1. Defendant B: The Plaintiff

(a) Of the real estate listed in paragraph 1 of the list of the attached real estate, the attached drawings (1) 1, 2, 3.

Reasons

1. Determination as to the claim against the defendant B

A. The fact of recognition: (a) around February 25, 2004, the Plaintiff leased to Defendant B the part inside the ship (hereinafter “the object of lease 1”) of the attached table No. 1 among the real estate listed in paragraph (1) of the attached table No. 1 of the real estate by setting the lease term of January 24, 2005 with the portion inside the ship (hereinafter “the object of lease 1”) 49.5 square meters connected each point of the attached table No. 1, 2, 3, 4, 1; (b) the Plaintiff and Defendant B, around January 25, 2005, changed the above lease term into “one year from January 25, 2005 to “3.5 million won per annum”; and (c) the Plaintiff and Defendant B each year until January 25, 2005.

1. The fact that around January 24, 201, the lease contract was renewed by adding one year to the above method, and the lease contract was renewed: ④ Defendant B paid only KRW 3 million out of the annual rent of KRW 3.5 million for the pertinent year around January 25, 2012; ⑤ Defendant B refused the payment of KRW 3.5 million on the ground of “the situation in which it is impossible to use the leased object as it is for the purpose of lease” around January 25, 2014; and ⑤ the fact that the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the said lease, delivered to Defendant B on November 14, 2014, is either disputed between the parties or is clear in the record.

B. According to the above findings of determination, the above lease contract was terminated implicitly between the Plaintiff and the Defendant around November 14, 2014. Thus, Defendant B is obligated to order the Plaintiff to rent the leased object. ii) Unless there are special circumstances, Defendant B is obligated to pay the Plaintiff the amount calculated at the rate of 2,819,178 won per annum under the Civil Act from January 25, 2012, which is the due date until November 14, 2014, which is the delivery date of a copy of the complaint of this case, from January 25, 2014, to November 14, 2014, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment. From January 25, 2014, the above lease contract was terminated to November 14, 2014.

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