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(영문) 수원지방법원 2020.06.04 2020가단501746
건물인도
Text

1. The defendant shall be the plaintiff.

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

(b) from 936,774 Won and May 6, 2020

Reasons

1. Facts of recognition;

A. On October 15, 2018, the Defendant leased each real estate listed in the separate sheet (hereinafter “instant commercial building”) from C Co., Ltd. as KRW 20,000,000, monthly rent of KRW 2,800,000 (value-added tax separate, subsequent payment), and the lease term from November 1, 2018 to October 31, 2023 (60 months).

(hereinafter “instant lease agreement”). B.

On January 15, 2019, the Plaintiff purchased the instant commercial building from C Co., Ltd. and completed the registration of ownership transfer under the Plaintiff’s name on January 30, 2019. At that time, the Plaintiff succeeded to the lessor’s status under the instant lease agreement.

C. On January 2, 2020, the Plaintiff did not pay the monthly rent from October 2019, and on January 2, 2020, terminated the instant lease agreement on the ground that the Defendant had not been paid the monthly rent.

“The content-certified mail” sent, and the above content-certified mail sent to the Defendant on January 6, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to Gap evidence 7-2, the purport of the whole pleadings

2. According to the facts of the determination on the cause of the claim, the instant lease agreement was lawfully terminated on January 6, 2020, as the content-certified mail containing the Defendant’s declaration of intent to terminate the instant lease agreement due to the Defendant’s delay of at least three of the three lease periods reaches the Defendant on January 6, 2020, barring any special circumstance.

Therefore, the Defendant is obligated to deliver the instant commercial building to the Plaintiff, and KRW 9,736,774, which is unpaid from October 1, 2019 to January 5, 2020 [The sum of the rent for three months from October 1, 2019 to December 31, 2019 = 9,240,000 [the aggregate of the rent for three months = 3,080,000 won (= the value-added tax of KRW 2,80,000 for monthly rent) x 3 months] 496,774, which is calculated from January 1 to January 5, 2020 (=3,080,000 x 5/31,000 x 5/31), and the aggregate of the rent for three months from December 31, 200 to December 30, 2005] x 70,7406.

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