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(영문) 수원지방법원 2020.02.20 2019나78432
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.The reduction of claims by this court.

Reasons

1. Facts of recognition;

A. The Plaintiff leased the instant commercial building to the Defendant (hereinafter “instant lease agreement”) with a deposit of KRW 3 million, monthly rent of KRW 300,000,000, and the period from March 2, 2017 to March 1, 2019.

B. The Defendant refers to the monthly rent for the period from June 2, 2017 to July 1, 2017.

The term "monthly rent for several months" means the monthly rent for the period from the 2th of that month to the 1st of that following month.

From March 2018 to March 2018, 3 million won of the above deposit was deducted as the above overdue charge.

C. After that, the Defendant again paid to the Plaintiff the monthly rent from April 2018, which was the monthly rent, and did not pay the monthly rent from September 2018, November 2018, and January 2019, respectively. The Defendant paid KRW 300,000,000 on June 5, 2019 and August 14, 2019, each of the said KRW 1.8 million was substituted for the payment of the overdue rent up to April 2019.

On the other hand, on June 4, 2019, the Plaintiff notified the termination of the instant lease agreement by serving a copy of the instant complaint on the grounds of delinquency in the payment of monthly rent for at least three months. On the other hand, the Plaintiff was handed over the instant commercial building on November 5, 2019 as a provisional execution based on the original judgment of the first instance judgment of the provisional execution sentence of this case.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts, the lease contract of this case is deemed to have been lawfully terminated due to the plaintiff's notice of termination of the contract due to the defendant's delinquency in rent of not less than three times. Thus, the defendant is obligated to deliver the commercial building of this case to the plaintiff, and pay 1,840,000 won (=30,000 won x (64/30), which the plaintiff seeks from May 2, 2019 to November 5, 2019).

B. As to this, the Defendant asserts to the effect that two or more weeks remain, and that the director is unfair, and that he suffers enormous damages due to the lack of rights and city equipment.

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