(영문) 의정부지방법원고양지원 2020.12.17 2020가단8107

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(영문) 의정부지방법원고양지원 2020.12.17 2020가단8107

건물명도 등

Text

1. The defendant shall be the plaintiff.

A. To deliver the instant building;

B. 3,200,000 won and this shall be November 16, 2020

Reasons

1. Basic facts

A. On May 16, 2019, the Plaintiff entered into a lease agreement with the Defendant with the terms of KRW 10,000,000 for the instant building, KRW 1,200,00 for each month of rent (payment in advance on May 15, 201), and from May 16, 2019 for the term of lease to 12 months (hereinafter “instant lease agreement”). At that time, the Plaintiff handed over the instant building to the Defendant.

Article 2 of the instant lease agreement stipulates that a lessor transfers a building of this case to a lessee by May 15, 2020, however, in light of the details stated, the lessee appears to have stated the termination date of the lease agreement for the transfer of the building of this case to a lessor.

B. Since the Defendant paid the rent in November 2019, it did not pay the rent up to now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. 1) The plaintiff leased the building of this case to the defendant and delivered the building of this case to the defendant. The fact that the defendant did not pay rent of more than two-years is without dispute between the parties, and the fact that the plaintiff delivered a copy of the complaint of this case to the defendant on August 25, 2020, stating the plaintiff's declaration of termination of the lease contract of this case on the ground of the defendant's delinquency in rent of more than two-years, is apparent in the record. Therefore, the above lease contract is deemed to have been lawfully terminated and terminated, and barring any special circumstances, the defendant is obligated to deliver the building of this case to the plaintiff. (b) The judgment on the claim for return of rent and unjust enrichment is 1) The defendant is obligated to receive the remainder of the lease deposit of this case from the plaintiff after deducting unpaid rent of 10,00,000 won from the lease deposit of this case and deliver the building of this case to the plaintiff.

2. We examine the Plaintiff, and the Defendant concluded the instant lease agreement with the Plaintiff.

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