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(영문) 춘천지방법원속초지원 2020.04.07 2019가단1482
건물인도 등
Text

1. The defendant from the plaintiff 7,50,000 to the completion date of delivery of the real estate stated in the separate sheet from February 4, 2020.

Reasons

1. Judgment on the plaintiff's claim

(a) The following facts may be admitted either as a dispute between the parties or as a whole to each entry in Gap evidence 1, 2, and 3, as a whole, with the overall purport of the pleadings.

1) On March 7, 2019, the Plaintiff: (a) on March 7, 2019, the real estate stated in the attached list (hereinafter referred to as “instant real estate

(3) The lease agreement of this case (hereinafter “the lease agreement”) provides that “The lease deposit shall be KRW 10 million, KRW 450,000 per month (payment on April 3, 201), and the lease term shall be 24 months from April 3, 2019 to April 3, 2021.”

(2) Around that time, the Defendant entered into a lease contract with the Defendant, and received the above lease deposit from the Defendant, and delivered the instant real estate to the Defendant. However, the Defendant did not pay the accumulated rent of KRW 2,450,000 until November 3, 2019, and a duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease contract on the ground of the Defendant’s delinquency in rent and to seek the delivery of the instant real estate was served on November 25, 2019 to the Defendant.

Meanwhile, the Defendant paid only KRW 2,550,000 to the Plaintiff out of the total amount of KRW 4.5 million generated as of February 3, 2020, and did not pay the remainder of KRW 2,450,000 to the Plaintiff.

B. According to the above facts, since the lease contract of this case was terminated by the defendant's delinquency in payment of rent, the defendant is obligated to deliver the real estate of this case to the plaintiff. However, the defendant's obligation to deliver the real estate of this case to the plaintiff is also related to the plaintiff's obligation to return

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff at the same time with the remaining money obtained from the plaintiff after deducting the amount equivalent to the rent calculated by the rate of KRW 450,000 per month from February 4, 2020 to February 3, 2020 from the accumulated overdue rent of KRW 10,550,000 (the remainder after deducting the cumulative overdue rent of KRW 2,450,00 from the accumulated overdue rent of KRW 10,000 to February 3, 2020)

On the other hand, the defendant.

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