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Reasons
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(영문) 대구지방법원김천지원 2015.11.27 2015가합529
건물명도 등
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1. The defendant shall be the plaintiff.

(a) order each real estate listed in the annex 1 list;

B. 38,560,000 won and October 10, 2015

Reasons

1. The lessor and the lessee, subject to an agreement, will pay the following deposits and rents for lease only for the lease of the instant real estate under Article 1 (Purpose) of the Monthly Lease Contract (No. A. 1).

Deposit KRW 50,000,000 monthly rent of KRW 3,500,000 shall be paid in advance on the 10th of each month.

Article 2 (Duration) A lessor shall use the instant real estate for the purpose of lease to the lessee by August 10, 2014, and the lease period shall be from the date of delivery to August 10, 2019 (60 months).

Article 4 (Termination of Contract) If the lessee has failed to pay rent for at least two consecutive periods or has violated Article 3, the lessor may terminate the contract without delay.

Matters of special agreement

4. The lease term shall be five years, and the rent shall be increased by 300,000 won per annum at the end of each year.

(as of August 10)

5. For a rent, value-added tax is separate;

A. On July 1, 2014, the Plaintiff entered into a lease agreement with the Defendant on each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) as follows (hereinafter “instant lease agreement”). At that time, the Defendant occupied and used the instant real estate by transferring it from the Plaintiff to the present day.

B. By July 9, 2015, the Defendant delayed payment of KRW 26,350,000 in total, as indicated in the attached Table 2 of the arrears sheet.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 2-1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant continued to delay at least two consecutive years as to the instant real estate, and the fact that the Plaintiff’s duplicate of the complaint of this case, indicating his intention to terminate the instant lease agreement, was clearly recorded on July 15, 2015, and thus, the instant lease agreement was lawfully terminated and terminated around July 15, 2015 pursuant to Article 4 of the instant lease agreement.

Meanwhile, the Defendant’s instant case.

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