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(영문) 서울동부지방법원 2020.08.20 2020가단109220

건물인도

Text

The defendant shall deliver to the plaintiff the real estate listed in the attached list.

Costs of lawsuit shall be borne by the defendant.

Paragraph 1.

Reasons

1. Facts of recognition;

A. On July 3, 2017, the Plaintiff leased the real estate listed in the attached list (hereinafter “instant apartment”) to the Defendant with the lease deposit of KRW 30 million, KRW 1.3 million per month, KRW 1.3 million per month, and the lease term from July 25, 2017 to July 24, 2019 (hereinafter “instant lease contract”) (hereinafter “instant lease contract”), and the said apartment was delivered by the time following the commencement date of the said lease term.

B. However, as the Defendant did not pay the rent from May 2018, the Plaintiff sent a content-certified mail demanding the Defendant to pay the rent in arrears on March 7, 2019.

Nevertheless, the Plaintiff continued to pay the rent, on July 5, 2019, sent a content-certified mail to the effect that the Plaintiff terminated the said lease on the grounds of the delinquency in rent, and thus, the instant apartment is delivered to the Defendant by July 24, 2019, which is the expiration date of the lease term.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Determination as to the cause of action

A. According to the above facts, the instant lease agreement was lawfully terminated on July 5, 2019 by the Plaintiff’s notice of termination on the ground of at least two years of rent, and barring any special circumstance, the Defendant is obligated to deliver the instant apartment to the Plaintiff as the return of the leased object, barring any special circumstance.

B. On July 20, 2019, the Defendant asserts that the Plaintiff cannot respond to the Plaintiff’s request, as the agreement of a new lease agreement or an extension of an existing contract was concluded with the Plaintiff.

According to the evidence No. 3, which the Defendant invoked by the Defendant, “The Plaintiff shall pay the Plaintiff KRW 16.9 million in total and overdue rent of KRW 1.3 million on July 20, 2019, which was after the Defendant received the notice of termination from the Plaintiff, until July 26, 2019 and August 26, 2019,” and “the lease contract is terminated as of July 24, 2019.”