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(영문) 수원지방법원 2020.10.15 2020가단522460
건물인도
Text

1. The defendant shall enter the attached list from March 20, 2020 to March 20, 202 from 9,50,000 won from the plaintiff (appointed party) and Appointed C.

Reasons

1. Basic facts

A. On February 5, 2020, the Plaintiff and the Selection C (hereinafter referred to as “Plaintiff, etc.”) concluded a lease agreement between the Defendant and the Plaintiff, etc. on the terms that the Plaintiff, etc. would lease real estate (hereinafter referred to as “the apartment of this case”) as indicated in the attached list of their ownership (ownership of shares 1/2) to the Defendant (hereinafter referred to as “the apartment of this case”) with the lease deposit of KRW 40 million (the remainder of the contract deposit of KRW 36 million shall be paid as of March 20, 2020), monthly rent of KRW 1.5 million, and the term of lease from March 20, 202 to March 19, 202 (hereinafter referred to as “the lease agreement of this case”).

B. In the instant lease agreement, the Plaintiff et al. and the Defendant agreed that the Plaintiff et al. may terminate the lease agreement in the event that the Plaintiff et al. and the Defendant fail to fulfill their obligations under the instant lease agreement, and that the other party may terminate the lease agreement by notifying the nonperformance of the obligations.

C. On March 17, 2020, when the Defendant paid only the down payment of 4 million won to the Plaintiff, etc. on February 13, 2020, the Defendant prepared and issued a letter of undertaking stating that “the remainder of the lease deposit (36 million won) shall be paid up to March 25, 2020, and shall compensate the Plaintiff, etc. for all damages incurred in the event of the said payment,” and received delivery from the Plaintiff, etc. on March 20, 2020.

However, the defendant did not pay any balance after March 25, 2020, and the plaintiff et al. urged again to pay the balance by April 6, 2020.

Nevertheless, on April 8, 2020, the Defendant paid only KRW 15 million out of the remainder, and around April 7, 2020, the Plaintiff et al. declared to the Defendant to terminate the instant lease agreement on the grounds of the Defendant’s failure to pay the lease deposit.

E. Meanwhile, the defendant delivered the apartment of this case from March 20, 2020 to the date of delivery.

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