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(영문) 인천지방법원 2020.04.09 2019가단21681

건물명도

Text

1. The defendant shall be the plaintiff.

(a) Attached building drawings among the real estate listed in the attached list shall be indicated in (1), (2), (3), (4), (5), and (6);

Reasons

1. Facts of recognition;

A. On April 9, 2018, the Plaintiff entered into a lease agreement with the Defendant with the content that the Plaintiff leases real estate listed in the Disposition No. 1 (hereinafter referred to as “instant real estate”) to the Defendant as KRW 10,000,000 (as of April 24, 2019, KRW 10,000) from April 25, 2018 to April 24, 2020, the lease deposit of KRW 10,000 (as of April 24, 2019, KRW 2,300,000 (excluding value-added tax).

B. The Defendant did not pay rent from December 2018.

C. Around May 2, 2019, the Plaintiff sent to the Defendant a certificate of the content that the lease contract was terminated on the grounds that the said lease deposit was KRW 10,000,000,00 for rent, KRW 5,590,000, and management expenses were not paid. However, the Defendant filed the instant lawsuit on August 2, 2019, which was not handed over the instant real estate.

As of May 2019, the rent that the Defendant did not pay is KRW 6,590,00, and the management fee incurred until July 2019 is KRW 3,298,798.

[Ground of recognition] Facts without dispute, entry of Gap1 to 5 evidence (including paper numbers), the purport of the whole pleadings

2. According to the fact that the above lease contract was terminated on or around May 2019, the Defendant, barring special circumstances, has the obligation to deliver the instant real estate to the Plaintiff, barring any special circumstances, and to pay 11,650,000 won (i.e., 6,590,000 won (in total 5,060,000 won) with the total of 3,298,798 won and 14,948,798 won (i.e., 6,650,000 won, 3,298,798 won) and damages for delay calculated at the rate of 14,948,798 won (in total, 11,650,000 won, 3,298,798 won, and damages for delay calculated at the rate of 12,201, which is the following day after the Plaintiff’s delivery of a copy of the instant claim in accordance with the Plaintiff’s request.

As to this, the defendant does not restore the real estate to its original state after the termination of the lease.