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(영문) 대구지방법원 2019.02.21 2018가단13674

건물인도

Text

1. The defendant shall be the plaintiff.

(a) Of the second floor of the building listed in the attached list, the Attached Form No. 4, 4-1, 5, 10, 9, 4.

Reasons

1. Facts of recognition;

A. On February 1, 2017, the Plaintiff, among the second floor of the building listed in the attached Table list, leased the amount of KRW 2,00,000, monthly rent of KRW 330,00,00 to the Defendant on the part of subparagraph (Ga) C, 25.77 square meters in order to connect each point of the attached Table Nos. 4, 4-1, 5, 10, 9, and 4 (hereinafter “instant room”) among the two floors of the building listed in the attached Table.

B. As the Defendant did not pay a rent for the six-month period and did not pay a rent thereafter, the Plaintiff sent to the Defendant on June 25, 2018 a proof that the lease contract was terminated on the grounds that the rent was unpaid.

C. The Defendant’s rent of KRW 1,980,00 for six months in 2017, and KRW 2,310,00 for seven months in 2018, and year 2019

1. up to 17.17. The sum of KRW 4,477,00 in rent 187,00 was unpaid.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination and conclusion

A. According to the above facts, the lease agreement on the family room of this case was lawfully terminated by the Defendant’s declaration of intention to terminate the contract due to the delay in rent.

The Defendant is obligated to transfer to the Plaintiff the instant family room to its original state, and pay 2,477,000 won calculated by deducting deposit of KRW 2,00,000 from the total rent of unpaid rent of KRW 4,477,00 until January 17, 2019 (=4,477,000-2,000) and 330,000 won per month from January 18, 2019 to the delivery date of the instant family room.

B. Therefore, the plaintiff's claim of this case is accepted on the ground of the reasons.