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(영문) 수원지방법원 2020.07.09 2019가단554751

건물명도(인도)

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 1, 2014, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, and entered into a lease agreement with the Defendant with the term of KRW 1,647,00 for the instant real estate from August 1, 2014 to July 31, 2016, with the term of KRW 1,647,00 for lease deposit, monthly rent of KRW 46,950 for the instant real estate. After that, by agreement between the Plaintiff and the Defendant, the term of the lease was changed from October 1, 2018 to September 30, 2020 to the term of the lease, KRW 1,806,00 for lease deposit, KRW 51,510 for the monthly rent.

B. Article 8(1)4 of the instant lease agreement provides that a lessor may cancel the lease agreement if the rent has been in arrears for at least three consecutive months. The Defendant is delinquent for at least three consecutive months.

C. The Plaintiff expressed his intent to terminate the instant lease through the delivery of the instant complaint.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts of the above recognition, the lease contract of this case was terminated due to the Plaintiff’s declaration of intention of termination on the ground that the lease contract of this case was not less than three years in arrears.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.