(영문) 대구지방법원 2016.12.13 2016가단104392

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(영문) 대구지방법원 2016.12.13 2016가단104392

건물명도

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1. The Plaintiff:

A. Defendant B Co., Ltd. shall deliver the real estate listed in the separate sheet, and shall pay KRW 9,800,000.

Reasons

1. Basic facts

A. On August 26, 2014, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant building”).

B. On February 26, 2015, the Plaintiff leased the instant building to Defendant B, as follows.

(hereinafter referred to as “instant lease agreement”). - None of the lease deposit: - Rent: 4.5 million won per month (excluding value-added tax), payment per month in advance, - Lease period: From February 28, 2015 to February 28, 2017 - If a lessee subleases the instant building without the lessor’s consent, or the rent in arrears falls short of the amount of rent for two years, the lessor may terminate the lease contract.

C. Since October 2015, Defendant B had been in arrears with the payment of the rent, the Plaintiff sent to Defendant B a certificate of the purport that the instant lease agreement will be terminated due to the foregoing default of rent, and the said certificate of content was reached to Defendant B, on January 26, 2016.

On January 27, 2016, Defendant B paid to the Plaintiff the amount of KRW 10 million out of the overdue rent of KRW 19.8 million for four months from October 2015 to January 2016 [The amount of KRW 4.5 million per month x 4 months], but the remainder of the overdue rent of KRW 9.8 million and the rent of KRW 9.8 million after February 1, 2016 is not paid.

E. On the other hand, Defendant B sub-leaseed part of the instant building to Defendant C, Defendant D, Defendant D, Defendant E, Defendant F, and Defendant F, and Defendant LAB, and the above sub-lessee occupied and used each of the parts listed in paragraphs (b) through (e) of Article 1.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap No. 1 to No. 9 (including each number), the purport of the whole pleading

2. The instant lease agreement between the Plaintiff and the Defendant-B concerning the instant building was terminated on January 26, 2016 by the Plaintiff’s notice of termination of the contract, which was due to the delay in rent in the Defendant-B.

Therefore, the defendant B shall deliver the building of this case to the plaintiff and the overdue rent.

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