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(영문) 대구지방법원김천지원 2020.06.03 2019가단37379
건물인도
Text

1. The Defendants deliver buildings listed in the separate sheet to the Plaintiffs.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. The following facts may be admitted in full view of each statement in Gap evidence Nos. 1, 2, 3, 4, 5, and 6, or the purport of the whole pleadings:

On September 1, 2017, the Plaintiffs completed the registration of ownership transfer each half of the shares in the names of the Plaintiffs, on the grounds of trade as of August 10, 2017, with respect to the five-story buildings of reinforced concrete structure (the underground) and general steel structure (the steel reinforced concrete roof) and five-story buildings.

B. The Defendants had been operating “F” at Class 2 neighborhood living facilities (general restaurants) 324.288 square meters (hereinafter “instant building”) among the above buildings with Defendant D as lessee. The Defendants concluded a lease agreement with the Plaintiffs to succeed to the lease agreement with the former owner and thus Defendant C as lessee. From December 1, 2016, the lease deposit amount of KRW 70 million is KRW 70,000,000 (value-added tax is separate, payment on the first day of each month in advance), and the lease period of KRW 3,60,000 from December 1, 2016 is 36 months from the delivery date, and the lease agreement was concluded with the Plaintiffs to add the late payment charge of KRW 2% per month.

(hereinafter “instant lease agreement”). C.

Defendant D is operating “F” in the instant building even after the instant lease agreement was concluded with Defendant C as a lessee, and the Defendants paid a difference between May 201 and May 2019, but did not pay that difference thereafter.

On September 4, 2019, the Plaintiffs sent to Defendant C a certificate to the effect that “In the event that the payment is not made in full, the Plaintiffs would terminate the instant lease contract without any peremptory notice, and would no longer have no intention to extend the contract,” while stipulating that “the amount of KRW 10,800,000 for the unpaid three-month rent shall be paid in full by September 20, 2019.”

E. The Plaintiffs asserted that the instant lease contract was terminated on the grounds that more than two Defendants’ payment delay was delayed.

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