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(영문) 인천지방법원 2020.10.20 2020가단235158

건물인도

Text

1. The Defendant:

(a) deliver the second floor of 74.38 square meters among the real estate listed in the attached list;

(b) 1,544,950 won and

Reasons

1. Facts of recognition;

A. The Plaintiff is a government-invested institution established for the purpose of the construction, improvement, supply, lease, and management of housing, and is implementing the “business of leasing the existing house prior to the existing house,” which is held in low-income classes, after entering into a lease contract with the owner for the housing stability of the housing vulnerable to the housing, such as a basic living recipient.

B. On March 14, 2016, the Plaintiff entered into a lease contract with B, setting the lease term as KRW 78 million from May 10, 2016 to May 9, 2018, with regard to the 74.38 square meters of the second floor among the real estate in the attached list, on which the Defendant was residing, and the occupant was designated as the Defendant.

C. On the same day, the Plaintiff was in office with the Defendant, while paying the above real estate, paid KRW 3.9 million among the lease deposit, and paid KRW 124,10 per month by the end of each month, but if the rent is not paid for more than three months, the Plaintiff may cancel the contract.

As of May 31, 2020, the Defendant did not pay a total of KRW 1,544,950 corresponding to the 13-month rent, and the Plaintiff expressed his/her intent to terminate the instant lease by serving a copy of the complaint of this case.

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

2. According to the above findings of determination, the lease contract between the Plaintiff and the Defendant was lawfully terminated as a copy of the complaint of this case containing the Plaintiff’s declaration of intention to terminate the contract on the grounds of the Defendant’s non-payment of rent was delivered to the Defendant on June 22, 2020.

Therefore, the Defendant is obligated to deliver to the Plaintiff the second floor of 74.38 square meters among the real estate listed in the attached list, and ② the sum of the rents paid until May 31, 2020 and the amount of KRW 1,544,950, which are not paid until May 31, 2020, under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from June 23, 2020 to the date of complete payment.