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(영문) 의정부지방법원 2020.12.24 2020가단111734

건물인도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 18, 2018, the Plaintiff entered into a real estate lease agreement (hereinafter “instant agreement”) with the Defendant that leases part 3 square meters of the part (A) on the part of the ship (hereinafter “instant store”) connected each point of Annex 2, 1, 2, 3, 4, and 1, among the land-to-land buildings listed in Annex 1 “the indication of real estate” owned by the Plaintiff (hereinafter “instant building”).

B. There are stipulated special terms, such as deposit for the instant contract: (a) KRW 5,00,000; (b) KRW 253,000 per month; (c) the duration of the instant contract is from July 1, 2018 to June 30, 2020; and (d) “a re-contract shall be leased from the present facilities and the modified facilities shall be restored to their original state upon the expiration of the lease period; and (e) “a lessee shall be at the time of unpaid payment for at least two (2) months prior to the end of the lease period.”

C. From July 1, 2018, the Defendant occupied and used the instant store under the instant contract.

The Defendant paid the Plaintiff a total of KRW 2,265,00 ( KRW 439,00 on January 28, 2019, KRW 473,00 on January 30, 2019, KRW 88,000 in the name of D, and KRW 53,00 on April 20, 2019, and KRW 5, June 5, 2019; KRW 4,265,00 on November 14, 2019; and KRW 253,00 on December 30, 2019).

E. On January 31, 2020, the Plaintiff sent a content-certified mail stating the Defendant’s intention to default on rent and terminate the instant contract to the Defendant and let the Defendant deliver it to the Defendant. ② On March 16, 2020, the Plaintiff sent a content-certified mail expressing the Defendant’s intention to terminate the instant contract on the ground of default on rent and to demand the delivery of the unpaid rent and the building by March 31, 2020, and then sent it to the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the request for delivery of the instant store

A. The Plaintiff terminated the instant contract on the grounds that the Plaintiff did not pay rent.