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(영문) 춘천지방법원 2020.08.12 2020가단51910

건물인도

Text

1. The defendant shall be the plaintiff.

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

B. 11,800,000 Won and its equivalent, April 2020

Reasons

1. Basic facts

A. On October 25, 2010, the Plaintiff, as the owner of the building listed in the attached list (hereinafter “instant building”), entered into a lease agreement with the Defendant on a fixed period of two years for deposit 5,00,000 won, monthly rent 350,000 won, and the period of two years for the instant building (hereinafter “instant lease agreement”).

B. Since then, the instant lease agreement was explicitly renewed several times, and the Plaintiff agreed to increase the rent to KRW 400,000 per month with the Defendant around December 1, 2014.

C. The Plaintiff did not pay the amount of 42 months until March 31, 2020 to the Defendant, the Plaintiff filed the instant lawsuit and notified the Defendant of the termination of the instant lease agreement. The duplicate of the instant complaint was served on the Defendant on April 13, 2020.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. According to the above findings of determination, since the lease contract of this case appears to have terminated around April 13, 2020 with the plaintiff's declaration of termination on the ground of delinquency in rent of the defendant, the defendant shall deliver the building of this case to the plaintiff, and the defendant shall pay to the plaintiff 16,80,000 won not paid until March 31, 2020 (=40,000 won per month x 42 months x 11,80,000 won after deducting deposit deposit amount of 5,000 won from deposit of 11,80,000 won and its related amount from April 1, 2020 to April 13, 2020 when the complaint of this case was delivered to the defendant, 5% per annum as stipulated in the Civil Act, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment, and shall return the building and its amount of delay.

3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.