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(영문) 서울동부지방법원 2020.04.24 2019가단128430

건물명도(인도)

Text

1. From 194,60,000 to 200 won, the Defendant shall deliver the real estate listed in the separate sheet from May 22, 2019 to the date of completion.

Reasons

1. Facts of recognition;

A. On December 3, 2007, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) as follows, and delivered the instant real estate to the Defendant around that time.

Lease deposit: 1.6 million won in monthly rent of KRW 200 million, and the lease period paid on the 21st day of each month in late payment: From January 22, 2008 to January 21, 2010, the lease contract stipulated on January 23, 2010, but it is reasonable to view that it was January 21, 201 in the basin.

Until now, the plaintiff may terminate the lease contract of this case where the defendant continually delays the payment of rent not less than twice.

B. The instant lease agreement was implicitly renewed several times.

The Plaintiff and the Defendant decided to increase the monthly rent of KRW 1.8 million from April 2016. The Defendant paid the Plaintiff the monthly rent of KRW 1.8 million from around that time, and paid the Plaintiff the monthly rent of KRW 1.8 million on February 20, 2019, and thereafter did not pay the monthly rent of KRW 1.8 million until now.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, and 3-1, 2-2, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the Defendant paid the Plaintiff a rent of KRW 1.8 million on February 20, 2019, and did not pay the Plaintiff a rent of at least twice from the date following the payment of the rent of KRW 1.8 million. The Plaintiff, through the delivery of the copy of the complaint in this case, declared the Defendant to terminate the instant lease on the ground of the rent delay, and the fact that the duplicate of the complaint in this case containing the declaration of intent of termination was served on the Defendant on August 30, 2019 is clearly indicated in the record.

Therefore, the lease contract of this case was lawfully terminated and terminated at that time.

Therefore, as the plaintiff has a simultaneous performance relationship, the defendant is entitled to deposit 194,60,000 won = deposit 200,000 won in the balance of lease deposit from the plaintiff, unless there are special circumstances.