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(영문) 수원지방법원안양지원 2019.12.19 2019가단112234

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From 3,332,240 won and June 15, 2019

Reasons

Basic Facts

On July 6, 2018, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with the Defendant on July 6, 2018, setting the lease deposit amount of KRW 20 million, monthly rent of KRW 2860,000 (including rent from July 15 in advance, value-added tax), and the lease agreement (hereinafter “the instant lease agreement”) from July 6, 2018 to July 5, 2020.

The Defendant was handed over the instant building based on the instant lease agreement from the Plaintiff.

From July 31, 2018 to May 17, 2019, the Defendant paid to the Plaintiff KRW 1,1260,000,000 for a total of four months of the instant lease agreement. Accordingly, the unpaid rent that the Defendant failed to pay to the Plaintiff during the period from July 15, 2018 to June 14, 2019 under the instant lease agreement is KRW 20,200,00 (= KRW 3,1460,000) (= KRW 2860,000) - KRW 1,1266,00 paid for the period from July 15, 2018 to June 14, 2019).

Meanwhile, until October 2019, the Defendant did not pay management expenses of KRW 3,332,240 to the Plaintiff, and until now, possessed and used the instant building.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 4, and the part requesting delivery of judgment as to the grounds for a claim as to the overall purport of the argument, but the plaintiff's declaration of intent to terminate the lease contract of this case on the grounds of the non-payment of more than three years of the lease contract of this case is evident in the record that the copy of the complaint of this case was delivered to the defendant on July 25, 2019. Thus, the lease contract of this case was lawfully terminated on July 25, 2019 due to the plaintiff's declaration of intent to terminate the lease contract of this case.

I would like to say.

Therefore, the Defendant is obligated to deliver the instant commercial building to the Plaintiff.

The Defendant did not pay KRW 3,332,240 of the management expenses to be paid to the Plaintiff by October 2019, and the instant case until June 14, 2019.