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(영문) 수원지방법원 2021.03.25 2020가단540130

건물인도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From December 9, 2019, the foregoing paragraph (a) shall be described.

Reasons

1. Determination as to the cause of claim

A. According to the purport of the argument in Gap evidence Nos. 1 and 6, according to the purport of the whole argument, with respect to the real estate on September 17, 2019, the father of the defendant who represented by the defendant on his behalf and the real estate listed in the attached list (hereinafter "the apartment of this case"), the lease contract was concluded (hereinafter "the lease contract of this case") by setting the lease period as KRW 10 million, monthly rent of KRW 650,000 (the payment on the eightth day of each month), and from October 9, 2019 to October 8, 2021 (hereinafter "24 months") (the tenant's name entered "C", and the seal affixed is also called "C", and the tenant has occupied the apartment of this case while residing in the apartment of this case after the conclusion of the lease contract of this case until the date of termination of the lease contract of this case, the tenant may immediately transfer the lease contract of this case from the authorized broker of this case to February of the lease contract of this case, and the lease deposit of this case.

The fact that the Defendant did not pay a rent after December 9, 2019, and the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds that the rent was overdue around May 14, 2020 and June 15, 2020.

B. According to the above facts, the instant lease agreement was lawfully terminated due to the Defendant’s delinquency in the payment of two or more rents and the Plaintiff’s declaration of intent to terminate the lease agreement, and thus, the Defendant is obligated to deliver the instant apartment to the Plaintiff by reinstatement, and the amount calculated by the ratio of KRW 650,000 per month from December 9, 2019 to the delivery of the instant apartment is obligated to be paid as the overdue rent or unfair profit equivalent to the rent in arrears.

2. As to the defendant's assertion, the defendant himself/herself is the case.