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(영문) 부산지방법원 2019.05.22 2018나58257
건물명도(인도)등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. On November 13, 2017, the Plaintiff leased real estate listed in the attached Form to the Defendant as KRW 20,000,000, monthly rent of KRW 1,900,000, and lease period from November 24, 2017 to November 23, 2019 (hereinafter “instant lease agreement”).

(2) The Defendant did not pay to the Plaintiff the remainder of the deposit and the rent for November and December 2017.

3) Article 5 of the instant lease agreement states, “If a lessee fails to pay a monthly rent at the second time, a lessor may terminate the lease agreement.” 4) The Plaintiff sent a notice of termination of the lease agreement (Evidence A No. 3) to the Defendant on April 16, 2018 on the ground that the Plaintiff failed to pay a monthly rent at the second time, on the grounds that he/she was the Defendant’s two or more installments, and reached that time.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

B. According to the above facts of recognition, the instant lease contract was terminated upon the delivery to the Defendant of the notice of termination of the lease contract, and thus, the Defendant is obligated to deliver to the Plaintiff the real estate listed in the separate sheet, and pay to the Plaintiff the overdue rent of KRW 5,700,000, and the amount equivalent to the rent of KRW 1,900,000 per month calculated from April 24, 2018 to the completion date of delivery of the real estate listed in the separate sheet.

2. The defendant's assertion is requested to adjust the delivery date of the real estate stated in the attached list, but the above assertion is without merit, since there is no ground to recognize it.

3. The decision of the first instance court is justifiable, and the defendant's appeal is dismissed as it is without merit.

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