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(영문) 창원지방법원마산지원 2020.05.13 2019가단4505
건물명도(인도)등
Text

1. The defendant shall be the plaintiff.

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

(b) from April 10, 2020 to 2280,000 won.

Reasons

1. Facts of recognition;

A. On June 14, 2018, the Plaintiff leased real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”) to the Defendant as the lease deposit amount of KRW 2 million, monthly rent of KRW 280,000,000, and the lease period of KRW 12 months from June 10, 2018.

(hereinafter “instant lease agreement”). B.

With respect to the instant lease agreement, the Defendant paid only KRW 280,00,000 to the Plaintiff on June 13, 2018, KRW 280,000 on July 10, 2018, KRW 280,000 on August 13, 2018, KRW 280,000 on September 28, 2018, KRW 280,000 on February 4, 2019, KRW 280,00 on March 12, 2019, KRW 180,000 on May 5, 2019, and did not pay the following:

C. On October 21, 2019, the Plaintiff submitted the instant complaint to this court stating that “The instant lease contract shall be terminated due to the Defendant’s delinquency in payment of rent,” and the duplicate of the instant complaint was served on the Defendant on November 29, 2019.

As of the date of closing argument of this case, the Defendant occupied and used the instant real estate.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease contract is deemed to have been lawfully terminated on November 29, 2019. As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay 2.2,80,000 won [==the sum of the rent under the instant lease contract between June 10, 2018 and April 9, 2020], which is the sum of the rent in arrears or unjust enrichment equivalent to the rent in arrears as of April 9, 2020, from June 10, 2018 to April 9, 2020, KRW 6,160,00 (=the monthly rent 2.80,00 won x 22 months) paid by the Defendant to the Plaintiff - the sum of the rent paid by the Defendant to the Plaintiff 18,000 won - the lease deposit 2,000 won calculated by the ratio of the monthly rent from April 10, 2020 to the delivery date of the instant real property.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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