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(영문) 춘천지방법원 2021.01.19 2020가단2222

건물인도등

Text

The Defendant, as the Plaintiff

(a) deliver the buildings listed in the separate sheet;

B. 9,600,000 Won and this, July 30, 2020

Reasons

1. Facts of recognition;

A. On January 31, 2015, the Plaintiff leased (hereinafter “the instant lease agreement”). From February 17, 2015 to February 16, 2017, the lease term of KRW 20,000, monthly rent of KRW 130,000 to the Defendant, who owns the Plaintiff, KRW 20,000,000,000 (hereinafter “the instant apartment”). (b) The Defendant paid the Plaintiff the lease deposit of KRW 20,000,000 to the Plaintiff after entering into the instant lease agreement, and occupied and used the instant apartment by delivery from the Plaintiff.

(c)

The instant lease agreement has been implicitly renewed until July 16, 2020. Of the rent from July 16, 2020, about KRW 29,600,000, the rent for about 22 months was overdue, and thereafter, the Defendant occupied and used the instant apartment without paying the Plaintiff the rent.

(d)

According to Article 4 of the lease contract of this case, the lessor may terminate the contract where the lessee has failed to pay the rent of two terms.

【Unfounded grounds for recognition】 Facts without dispute, entries or videos of Gap’s evidence (including branch numbers) and the purport of the whole pleadings

2. The fact that the Defendant, on the ground that the Defendant was in arrears with two or more different vehicles, delivered to the Defendant on July 29, 2020 the copy of the complaint of this case containing the Plaintiff’s intention to terminate the instant lease agreement, was obvious, and thus, the lease contract of this case was terminated at the time of the above time.

I would like to say.

Therefore, barring special circumstances, the Defendant is obligated to deliver the apartment of this case to the Plaintiff, as the Plaintiff seeks, and (2) pay delayed damages calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 30, 2020 to the date of full payment, after the delivery of a copy of the complaint of this case to the date of full payment, after deducting KRW 20,000,000 from the unpaid rent 29,60,000 from the unpaid rent of KRW 29,60,000.