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(영문) 서울북부지방법원 2020.08.25 2020가단3311
건물인도 등
Text

The Defendant, as the Plaintiff

(a) deliver the real estate listed in the separate sheet;

B. 2,100,000 won and above from March 3, 2020

Reasons

1. Judgment on the plaintiff's claim

A. According to the overall purport of Gap evidence Nos. 1 and 3 as to the cause of the claim, Eul's agent entered into a lease contract with the defendant on May 1, 2018, setting the lease deposit amount of KRW 30 million with respect to the real estate listed in the separate sheet owned by the plaintiff (hereinafter "the real estate of this case"), from May 3, 2018 to May 3, 2020, and from May 3, 2018, and from May 3, 2020. At the time of the above lease contract, if the annual rent of the plaintiff and the defendant exceeds the amount of two years, the plaintiff agreed to terminate the above lease contract, and the defendant's agent's failure to pay the rent from December 3, 2019 to December 17, 200, it is evident that the record of this case was delivered to the defendant on March 17, 200.

According to the above facts, the above lease contract can be deemed to have been lawfully terminated and terminated around March 17, 2020, barring any special circumstance, and thus, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay or return the rent of 2.1 million won in arrears (=60,000 won per month x 3 months) from December 3, 2019 to March 2, 2020, and the rent of 70,000 won calculated at the rate of 70,000 won per month from March 3, 2020 to the completion date of delivery of the real estate of this case.

B. The defendant's assertion and judgment did not delay the rent without permission, but did not delay the rent under the plaintiff's understanding. Thus, the defendant's claim cannot be complied with. However, there is no evidence to acknowledge the defendant's above assertion. Thus, the defendant's argument is without merit.

2. Conclusion, the plaintiff's claim is justified and all of them are accepted.

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