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(영문) 의정부지방법원고양지원 2016.11.18 2016가단77816
임대인인도 청구의 소
Text

1. The defendant shall be the plaintiff.

A. A. Delivery of the building indicated in Appendix 1. “Real Estate Indication”;

(b)25,240,000 won;

Reasons

1. Comprehensively taking account of the respective descriptions of Gap evidence Nos. 1 and 2 (including branch numbers) as to the cause of the claim and the purport of the entire pleadings, the plaintiff, around January 18, 2012, leased the building indicated in the "Real Estate Indication" as shown in the attached Table 1, owned by the plaintiff to the defendant as a deposit of KRW 50,000,000, monthly rent of KRW 1,900,000 (including value-added tax and value-added tax: KRW 2,090,000, monthly rent of KRW 1,000, monthly rent of April 1, 2012, and the rental period of KRW 24 months from April 1, 2012. The plaintiff delivered the above building to the defendant around that time. The defendant delayed the delivery of the building to the defendant for at least three months prior to the filing of the lawsuit of this case, including the above presumption of the lease period of KRW 20,000,60,000.

According to the above facts, the above lease agreement between the plaintiff and the defendant was lawfully terminated on May 30, 2016 due to the delay in rent of the defendant. Thus, the defendant is obligated to deliver the building indicated in attached Table 1, to the plaintiff, and to pay the plaintiff the rent of KRW 75,240,000 less KRW 50,000,000, which is deducted from the rent of KRW 75,240,000 to June 1, 2016 from the rent of KRW 75,240,000, which the plaintiff deducted from the rent of the lease deposit (the rent of KRW 50,00,00 was appropriated from April 1, 201 to the rent of KRW 2,09,00 from June 2, 2016 to the completion date of delivery of the building).

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.

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