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(영문) 전주지방법원 남원지원 2018.11.28 2018가단184
건물명도(인도)
Text

1. The defendant from the plaintiff 20 million won to the completion date of delivery of the building stated in the list from June 27, 2017.

Reasons

1.The following facts do not conflict between the Parties:

On May 20, 2015, the Plaintiff and the Defendant concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) stipulating that the Plaintiff shall lease the building listed in the list (attached Form) (hereinafter “instant building”) to the Defendant by setting the deposit amount of KRW 20 million, KRW 1 million per month (payment on May 26, 2015), and the lease period of KRW 1 million from May 26, 2015 to May 25, 2018 (hereinafter “instant lease agreement”).

B. In concluding the instant lease agreement, the Plaintiff and the Defendant concluded a sales contract to sell “all equipment within the instant building” to the Defendant for KRW 20 million (hereinafter “instant sales contract”).

around that time, the Defendant paid KRW 10 million to the Plaintiff.

C. The Defendant has occupied and used the instant building from the commencement of lease of the instant lease agreement to the present date.

2. Determination as to the request for extradition

A. The Plaintiff’s assertion was not properly paid since June 27, 2017 that the Defendant was a vehicle under the instant lease agreement.

Inasmuch as the Plaintiff terminated the instant lease agreement, the Defendant should receive the remainder after deducting the unpaid rent from the Plaintiff at KRW 20 million and deliver the instant building to the Plaintiff at the same time.

B. Determination 1) The Plaintiff filed the instant lawsuit and stated the purport that the instant lease contract will be terminated on the grounds of not less than two years of arrears in the Plaintiff’s complaint, and the fact that a duplicate of the Plaintiff’s complaint was served on the Defendant on March 14, 2018 is apparent in the record. Meanwhile, the Defendant did not dispute over the fact that not less than two years of arrears have been delayed. As such, the instant lease contract was terminated by the Plaintiff’s declaration of termination (the Defendant asserted that the period for the commencement of the arrears in rent was September 26, 2017), but the Defendant appears to have been at least two times.

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