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(영문) 인천지방법원 2021.02.25 2020가단20363
건물명도등
Text

The Defendant

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

(b) from October 10, 2020 until the completion of delivery;

Reasons

1. Basic facts

A. On January 6, 2020, the Plaintiff leased real estate listed in the attached list to the Defendant by setting the deposit amount of KRW 1,000,000, monthly rent of KRW 250,000, and the lease period of January 10, 2021.

B. The Defendant paid only the rent by May 10, 2020 and did not pay the Plaintiff the rent. On August 25, 2020, the Plaintiff sent a certificate to the Defendant that the instant lease contract is terminated on the grounds of unpaid rent, and the said certificate reaches the Defendant at the business level.

[Grounds for recognition] The items in Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was terminated by the Defendant’s declaration of intention to terminate the lease agreement, and thus, the Defendant is obligated to deliver the real estate indicated in the attached list to the Plaintiff and pay the amount of the rent or unfair profit equivalent to the rent, calculated at the rate of KRW 250,000 per month from June 10, 2020 to the completion date of delivery.

B. As to this, the Defendant alleged to the effect that the Defendant was unable to live due to the defect in the instant real estate, and thus, the Defendant sought damages. However, the evidence No. 1 alone is insufficient to admit the Defendant’s assertion, and there is no other evidence to acknowledge

The defendant's assertion is not accepted.

3. It is so decided as per Disposition by accepting the plaintiff's claim for conclusion.

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