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Reasons
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(영문) 인천지방법원 2021.03.23 2020가단18315
건물인도등
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The Defendant, as the Plaintiff

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

B. 350,000 Won and as regards it, December 9, 2020

Reasons

1. Facts of recognition;

A. On November 2, 2018, the Defendant entered into a lease agreement between the Plaintiff and the Plaintiff to lease a building listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) with a deposit of KRW 5,000,000, monthly rent of KRW 350,000 (payment on the 20th of each month), and the lease term of the instant real estate determined from November 12, 2018 to November 12, 2019 (hereinafter “the instant lease agreement”). At that time, the instant real estate was handed over.

B. The Defendant should have paid the monthly rent of KRW 3,150,000 by July 20, 2019, but in fact, only the monthly rent of KRW 2,450,000 was paid by July 28, 2019 (the Defendant paid KRW 350,000 at last around July 28, 2019), and even thereafter, it did not pay all the rent stipulated in the instant lease agreement until now.

(c)

On September 2, 2020, the Plaintiff submitted to this court a complaint of this case, stating a declaration of intent to terminate the instant lease agreement on the grounds of the delinquency in rent for more than a half-month period. The instant complaint was served on the Defendant on November 28, 2020.

[Ground for recognition] Unsatisfy, Gap 1-3's statements, the purport of the whole pleadings

2. According to the judgment and the conclusion, since the lease contract of this case was terminated, the defendant is obligated to deliver the real estate of this case to the plaintiff, and to pay damages for delay calculated by the rate of 12% per annum from November 29, 2020 to the day of complete payment after the day of delivery of the copy of the complaint of this case to November 20, 2020, and to pay unfair profit equivalent to 350,000 won per month from July 20, 2019 to the day of completion of delivery of the real estate of this case.

Therefore, the plaintiff's claim of this case is justified, and this is accepted.

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