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(영문) 서울중앙지방법원 2020.06.18 2020가단5054278
건물인도
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

2. Defendant C is from March 28, 2020 to the Plaintiff.

Reasons

1. As to a claim against the defendant company

A. The facts of recognition 1) Around August 31, 2019, Defendant Company leased the instant real estate from the Plaintiff as KRW 10,000,000,000 for lease deposit, monthly rent of KRW 1210,00 (including value-added tax, date of payment, and method of payment: six prepaid each month) (hereinafter “instant lease agreement”).

(2) However, the Defendant Company paid KRW 1210,00,000 to the Plaintiff on September 4, 2019, October 4, 2019, and November 27, 2019, respectively, as monthly rent, and did not pay the monthly rent for the portion used after December 6, 2019.

3) On March 11, 2020, a copy of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of delinquency in rent for more than two years by the Defendant Company was served on the Defendant Company on March 11, 2020. The fact that there was no dispute over the grounds for recognition, the fact that there was no dispute over the grounds for recognition, and the purport of all pleadings

B. According to the above facts, the lease contract of this case was lawfully terminated on March 1, 2020 according to the plaintiff's declaration of termination on the ground of delinquency in rent for more than two years, barring any special circumstance, the defendant is obligated to deliver the real estate of this case to the plaintiff as a performance of the duty to return the object upon termination of the lease, barring any special circumstance. 2) The defendant company and the third party invaded on the real estate of this case and did not deliver the real estate of this case to the plaintiff. Thus, the claim of this case is unjustifiable. However, such circumstance alone does not constitute a justifiable ground for refusing the plaintiff's claim of this case upon termination of the lease contract. Thus, the defendant company's above assertion is rejected.

3. Meanwhile, the Plaintiff sought payment of money calculated at the rate of KRW 1,210,00 per month, which is equivalent to the rent, from the day following the date of final delivery of the copy of the instant complaint to the date of completion of delivery of the instant real estate.

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