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(영문) 대구지방법원 2015.08.28 2015가단806
건물명도등
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. 16,100,000 won and January 23, 2015

Reasons

1. Facts of recognition;

A. On May 23, 2010, the former representative C entered into a lease agreement with the Defendant and the Plaintiff on the attached list (hereinafter “instant building”) with the terms that the lease deposit is KRW 7,000,000 per month, monthly rent is KRW 700,000 per month, monthly rent is KRW 23,000 per month, and the lease term is set at two years (hereinafter “instant lease agreement”), and thereafter, delivered the instant building to the Defendant around that time.

B. From February 23, 2013 to December 23, 2014, the Defendant did not pay to the Plaintiff a total of KRW 16,100,000 for 23 months. As of the date of the closing of argument in the instant case, the instant building is occupied.

C. On July 10, 2015, a copy of the instant complaint containing the purport that the Plaintiff terminated the instant lease agreement on the grounds that the Plaintiff was not paid two or more rents was served on the Defendant.

[Reasons for Recognition] Facts without dispute, entry of Gap 1, 2 and 9 evidence, significant facts in this court, the purport of the whole pleadings

2. According to the above findings of the determination, since the Defendant was in arrears with two or more vehicles, the instant lease agreement was lawfully terminated on July 10, 2015 by the Plaintiff’s notice of termination.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff, and pay the Plaintiff the rent of KRW 16,100,000, which is the total rent from February 23, 2013 to December 23, 2014, and the rent of KRW 700,000 per month from January 23, 2015 to the completion date of delivery of the said building.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.

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