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(영문) 수원지방법원 2021.03.24 2020가단555064
건물인도
Text

From 50,000,000 to 7,341,010 won and the delivery of buildings listed in the separate sheet from September 1, 2020 to 50,000 won.

Reasons

1. On July 3, 2019, the Plaintiff completed the registration for the preservation of ownership of the building listed in the separate sheet (hereinafter “instant building”) on July 3, 2019.

On May 5, 2020, the Plaintiff leased the instant building to the Defendant for a fixed period of KRW 50 million, KRW 2.6 million per month, and the period of April 30, 2022. Around that time, the Plaintiff received KRW 50 million from the Defendant and handed over the instant building to the Defendant.

From June 1, 2020 to August 31, 2020, the Defendant did not pay to the Plaintiff the rent for three-thirds period, and on September 2, 2020, the Plaintiff expressed to the Defendant that the said lease will be terminated on the ground that the rent for three-thirds period is overdue.

[Ground of recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 2 and 8, the purport of the whole pleadings

2. According to the facts of the above recognition as to the cause of the claim, the lease was terminated on September 2, 2020 due to the Defendant’s delinquency in rent.

Therefore, it is reasonable to view that the lessee has the duty to pay the Plaintiff the remainder of the rent calculated at the rate of KRW 2,972,750 per month from September 1, 2020 to September 1, 2020, after deducting the management fee and late payment fee of KRW 341,010 from June 1, 2020 to August 31, 2020, and the restitution cost of KRW 7,341,000, and the restitution cost of KRW 7,341,010 from September 1, 2020 and the delivery cost of the building of this case from September 1 to the completion date of delivery of the building of this case.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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