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(영문) 창원지방법원 통영지원 2021.01.28 2020가단1805
건물인도
Text

At the same time, the defendant receives KRW 1,200,000 from the plaintiff, and at the same time, the building stated in the attached list to the plaintiffs.

Reasons

1. Facts of recognition;

A. On October 14, 2016, the Plaintiffs concluded a lease agreement with the Defendant and the attached list (hereinafter “instant building”) on a two-year period from October 14, 2016, setting the lease deposit of KRW 10,000,000 per each month, and the lease term of KRW 14,00,000 per each month, and from October 14, 2016 to October 13, 2018 (hereinafter “instant lease agreement”); the Defendant paid KRW 10,000,000 to the Plaintiffs on the same day.

B. Under the above lease agreement, the purpose of this case’s building was indicated as “fresh living facilities and housing,” and the purpose on the building ledger of the above building is as “ Class 1 neighborhood living facilities (cosmetic).”

The plaintiffs and the defendant can not change the use or structure of the above real estate without the consent of the lessor, transfer the right of lease or offer the security, nor use it for any purpose other than the purpose of lease.

In accordance with Article 4, the lessor may terminate the present contract without delay when the amount of the rent in arrears of the lessee exceeds three times the amount of the rent in arrears, or when the lessor violates Article 3.

“......”

(c)

On the other hand, on September 25, 2019, the Defendant was found to have provided the instant building to a sexual traffic place, and on September 26, 2019, the macro-police station provided the Plaintiffs with the instant building to a sexual traffic place on September 25, 2019, and on the other hand, the Defendant may be punished in accordance with the Act on the Punishment of Acts, such as Arrangement of Commercial Sex Acts, if the instant building was leased to the Defendant as a sexual traffic place.

“The notice was sent.”

(d)

On May 1, 2020, the Plaintiffs notified the Defendant that the instant lease contract was terminated on the ground that the Defendant used the instant building for any purpose other than the lease purpose, and the said notification was served on the Defendant on May 4, 2020.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number if there are several numbers) and arguments.

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