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(영문) 서울중앙지방법원 2020.07.08 2019가단5316123

건물인도

Text

1. The defendant

(a) The current status of the attached building among the two floors of the real estate in the attached list shall also be indicated (1), (2), (3), and (3);

Reasons

1. Facts of recognition;

A. On April 16, 2019, the Plaintiff entered into a lease agreement with the Defendant, setting the lease agreement between the Defendant and the end of April 15, 202 with regard to the lease deposit of KRW 3 million with respect to the portion of 27 square meters in a ship connected in sequence of each point (hereinafter “instant real estate”). The lease agreement was concluded between the Defendant and the end of April 16, 2019 as well as between April 16, 201 and April 15, 2021.

(hereinafter “instant lease agreement”). B.

On April 16, 2019, the Defendant paid to the Plaintiff KRW 1.1 million, and April 30, 2019, KRW 3.5 million, including the lease deposit (the Plaintiff and the Defendant determined the lease deposit as the final amount of KRW 3 million, which can be deemed to have paid KRW 3 million and KRW 5,000,000,000,000,000,000,000,000,000,000,000,000,000,000). The Plaintiff returned to the Defendant on May 12, 2019, and the Defendant did not pay the monthly rent thereafter.

C. On August 5, 2019, the Plaintiff notified the Defendant to perform the obligation to pay the rent, and expressed his/her intent to terminate the instant lease agreement on the grounds of the rent in arrears. On December 16, 2019, the Plaintiff expressed his/her intent to terminate the instant lease agreement on the grounds of the rent in arrears once again on the grounds of the rent in arrears.

On October 9, 2019, the Plaintiff returned 200,000 won out of the deposit to the Defendant.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, the purport of the whole pleadings

2. Determination

A. According to the fact of recognition on the duty to deliver real estate, the instant lease agreement was lawfully terminated in accordance with the Plaintiff’s declaration of termination of the lease agreement as of August 5, 2019, on the ground of the Defendant’s delinquency in payment of rent, and thus, there is no evidence to prove that the right to refuse payment of rent has been created to the Defendant on the monthly basis). The Defendant has the duty to deliver the instant

(b) Obligation to pay rent, unjust enrichment, or damages.