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(영문) 대구지방법원서부지원 2019.09.25 2019가단56880

건물명도(인도)

Text

1. The Defendant:

(a) Of the buildings listed in the attached Table 1 list, each point of Attached Form 1, 2, 3, 4, and 1, shall be in order.

Reasons

1. Basic facts

A. The Plaintiff is an owner of 8.1 square meters of housing with 8.1 square meters on the 3rd-gun, Daegu-gun, Daegu-gun, the land in the attached list (hereinafter “instant real estate”).

From January 1, 2018, the Plaintiff leased the instant real estate to the Defendant as KRW 100,000 (prepaid payment at the beginning of each month) without a deposit.

(The end of the lease term shall not be specified separately)

B. From January 1, 2018, the Defendant paid to the Plaintiff a total of KRW 300,000 ( ① KRW 100,000,000 on January 3, 2018, ② KRW 100,000 on February 22, 2018, ③ KRW 100,000 on September 22, 2018) as rent.

On May 19, 2018 and July 16, 2018, the Defendant prepared a letter (hereinafter “instant letter”) stating that the Plaintiff would pay the unpaid rent to the Plaintiff twice, but the Defendant did not pay the relevant rent even after the date. On March 22, 2019, the Plaintiff expressed his/her intent to terminate the instant lease agreement to the Defendant and reached the Defendant on the same day.

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

2. Determination

A. The fact that the Defendant paid KRW 300,000,000,000,000 from January 1, 2018 to March 22, 2019 to the Plaintiff pursuant to the instant lease agreement, and that the Defendant directly notified the Defendant of the termination of the instant lease agreement, as seen earlier, (i) KRW 1,470,967 for the period of 14 months = KRW 70,967 for the period of 14 months + 100,000 + 22 days (from March 1, 2019 to March 22, 2019)/31 days (from March 1, 2019 to March 31, 2019).

Therefore, it is apparent that the Defendant’s delayed rent of KRW 1,170,967 (i.e., KRW 1,470,967 - KRW 300,000) exceeds the two rents under the instant lease agreement. Accordingly, the instant lease agreement was lawfully terminated on March 22, 2019.

B. Determination of the claim for the delivery of the instant real estate and the payment of unpaid rent is based on the determination.