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(영문) 의정부지방법원 2019.06.14 2018가합58219
건물명도(인도)
Text

1. The defendant delivers to the plaintiff each real estate listed in the separate sheet, and pays KRW 7,200,000 to the plaintiff.

2. The plaintiff.

Reasons

1. Facts of recognition;

A. On December 6, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) between the Defendant and the Defendant, setting a deposit of KRW 5,00,000,000 for each real estate listed in the separate sheet owned by the Plaintiff, from December 6, 2017 to December 6, 2019, and the rent of KRW 1,50,000 for each month, and the rent was paid from February 25, 2018 to December 6, 2019.

B. On December 6, 2017, the Plaintiff received lease deposit of KRW 5,000,000 from the Defendant, and handed over each real estate listed in the separate sheet to the Defendant.

C. The Defendant received each real estate listed in the separate sheet from the Plaintiff, and operated an office for the file business at the same time.

On the other hand, Article 4 of the instant lease agreement provides that "the lessor may terminate this contract immediately when the lessee’s delayed payment of rent reaches the amount of two years of rent." The Defendant paid rent to the Plaintiff on March 25, 2018, but did not pay that rent thereafter.

E. On September 28, 2018, the Plaintiff sent to the Defendant a certificate of the content that the instant lease contract is terminated on the ground that the said lease contract was terminated on the ground that the said three-year overdue overdue payment was made pursuant to Article 10-8 of the Commercial Building Lease Protection Act with respect to the real estate listed in the separate sheet No. 1 and No. 2, as to each real estate listed in the separate sheet No. 1 and No. 2, as stipulated in the instant lease agreement, but did not reach the Defendant due

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts seen earlier prior to the determination on a request for extradition, the Defendant is dissatisfied with the payment of rent for at least three years from March 26, 2018 to October 18, 2018, which was the date of the filing of the instant lawsuit, and the Plaintiff’s “the Plaintiff” on the real estate stated in paragraph (3) of the attached Table No. 3, on the ground that the rent for three years is overdue in accordance with Article 10-8 of the Commercial Building Lease Protection Act.

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