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(영문) 대구지방법원 서부지원 2018.12.19 2018가단59233
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) Of the three floors of the buildings listed in the separate sheet, each point of the attached sheet Nos. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. On December 29, 2014, the Plaintiff entered into a lease agreement on (a) part (a) Item C of the attached Form No. 49.58 square meters (hereinafter “instant building”) among the three floors of the buildings indicated in the attached Form No. 1, 2, 3, 4, and 1 attached thereto, which are attached to D and the third floors attached thereto, with each point attached to the attached Table No. 1, 2, 3, 4, and 1; on the same day, the Plaintiff changed the term of lease to the Defendant as KRW 2,750,000, and from January 9, 2015 to January 8, 2017 (the lease term is renewed through a contract on January 24, 2017), monthly rent, KRW 87,510 (the last day of each month of payment, January 6, 2018, as KRW 305,510).

B. From September 30, 2017 to June 30, 2018, the Defendant did not pay the aggregate of KRW 719,160 (including arrears and allowances for bad debts) monthly rents.

C. Article 9 of the lease contract provides that a lessor may terminate a contract and demand the withdrawal of a lessor, “if the rent is not paid for at least three months.”

On September 15, 2018, a duplicate of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the lease contract on the grounds of the Defendant’s default of rent, was served on the Defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the lease contract on the building of this case was lawfully terminated by the plaintiff's declaration of intention to terminate the contract for the reason of delinquency in the rent of the defendant, the defendant is obligated to deliver the building of this case to the plaintiff to its original state, and to pay the rent of this case 719,160 won in arrears and the delay damages calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 16, 2018 to the day of complete payment after the delivery of the copy of the complaint of this case to the day of complete payment, and to pay the amount equivalent to the monthly rent of this case from July 1, 2018 to the day of delivery of the building of this case,

The defendant does not have sufficient means to do so.

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