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(영문) 대전지방법원논산지원 2020.05.20 2019가합2681

토지인도

Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The Defendant from January 20, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On March 20, 2018, the Plaintiff leased each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant with the lease deposit of KRW 20 million, KRW 2420,000 per month, and the lease term from April 20, 2018 to April 19, 2020.

(hereinafter “instant lease agreement”). B.

From January 20, 2019, the Defendant did not pay the rent under the instant lease agreement.

C. On May 7, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the Plaintiff was in arrears for at least three months.

The defendant is running a business in the real estate of this case until the date of closing the argument of this case.

[Ground of recognition] Unsatisfy, entry of Gap evidence 3 to 5, purport of whole pleadings

2. According to the above facts finding as to the cause of claim, the instant lease agreement was terminated by the Plaintiff’s notice of termination around May 7, 2019. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff to restore the original state following the termination of the contract, and pay the Plaintiff the amount calculated by the ratio of KRW 2,420,00 per month, which is the amount equivalent to the rent for the instant real estate, from January 20, 2019 to the completion of delivery, to the return of unpaid rent or unjust enrichment

3. On July 2018, the Defendant asserts to the effect that the Plaintiff could not respond to the Plaintiff’s claim on the ground that the Plaintiff suffered losses from the Defendant’s business due to the Plaintiff’s failure to enter the instant real estate by installing a flower at one place at one of the two entrances installed in the instant real estate, and thus, the Plaintiff’s business should be reduced.

On the other hand, even though the defendant can claim damages for interference with business on the ground of the above-mentioned circumstances, the above circumstances are the plaintiff's claim on the ground of the termination of the lease agreement due to the non-payment of rent.