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(영문) 대구지방법원 2020.07.03 2019가단20488
건물인도
Text

1. The defendant delivers the building indicated in the attached list to the plaintiff, and deliver the building from August 7, 2019 to the plaintiff.

Reasons

1. Facts of recognition;

A. On February 21, 2019, the Plaintiff leased the building attached thereto (hereinafter referred to as the “instant building”) to the Defendant, with a fixed period of two years from April 7, 2019 to April 6, 2021, from the lease deposit amounting to KRW 10 million, monthly renting KRW 800,000, and the period of lease.

B. On April 5, 2019, the Defendant ordered the Plaintiff to pay KRW 1 million out of the rent deposit on the date of the said contract. On April 5, 2019, the monthly rent of KRW 850,000,000 was additionally changed, and thereafter, the Defendant remitted KRW 8,50,000 on the monthly rent of KRW 8,000. On May 7, 2019, the Defendant ordered the Plaintiff to transfer KRW 8,40,000 on the monthly rent to KRW 840,000,000,000 on the monthly rent, and then remitted KRW 8,440,000 on the monthly rent.

C. The Defendant did not pay monthly taxes from August 7, 2019.

Accordingly, the Plaintiff terminated the lease contract on the ground that “the Defendant was unpaid for at least two months in monthly rent” by serving a duplicate of the complaint in this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. According to the above facts of determination, since the lease contract of this case was lawfully terminated, the defendant is obligated to deliver the building of this case to the plaintiff and pay the money calculated by the ratio of KRW 800,000 per month from August 7, 2019 to the completion date of delivery of the building as requested by the plaintiff.

Therefore, all of the plaintiff's claims are justified.

3. Conclusion, we decide to accept all the plaintiff's claims.

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