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(영문) 대구지방법원 2020.12.10 2020가단122045

건물인도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The defendant from November 4, 2020 to the plaintiff.

Reasons

1. The following facts shall be recognized in full view of the respective descriptions of evidence Nos. 1 and 5 and the purport of the entire pleadings, either there is no dispute between the parties (the defendant is deemed to have been led to confession because he did not clearly dispute) or there is no evidence

A. An apartment recorded in the attached list (hereinafter “instant apartment”) is owned by the Plaintiff.

B. On February 20, 2020, the Plaintiff concluded a lease agreement to lease the instant apartment (hereinafter “instant lease agreement”) to the Defendant.

C. According to the instant lease agreement, the lease deposit was KRW 10,00,000, monthly rent was KRW 700,000, and the lease period was two years from February 23, 2020, the delivery date.

In addition, KRW 6,00,000 among the lease deposit was paid on the date of the contract, and the remaining KRW 4,000,000 was paid until March 31, 2020, but it was paid the amount equivalent to the interest calculated at the rate of KRW 40,000 per month until the payment is made.

E. The Defendant did not pay the remainder of the deposit by the due date, paid only once the agreed monthly rent, and did not pay it thereafter, and the apartment management fee was not paid from March.

F. On June 16, 2020, after a two-month excess period, the Plaintiff, a lessor, notified the Defendant of the termination of the instant lease on the grounds of the remainder of the deposit, arrears in rent, etc., and the notification was served on June 19, 2020.

G. On November 3, 2020, the sum of the monthly rent that the Defendant did not pay, the amount equivalent to the interest on the remainder of the unpaid deposit, and the management fees for apartments that the Defendant paid to the Plaintiff exceeds KRW 6,000,000.

2. According to the above facts, the lease contract of this case is deemed to have been lawfully terminated on or around June 19, 2020. Thus, the defendant is obligated to deliver the apartment of this case to the plaintiff.

In addition, upon the plaintiff's request, from November 4, 2020 to that.