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(영문) 전주지방법원 2020.11.18 2020가단6230
임대차계약 해제 및 주택인도 등
Text

1. The defendant shall be the plaintiff.

A. [Attachment] A portion of the 2nd floor (A) indicated in [Attachment] shall be handed over to 83.395 square meters, and

Reasons

1. On January 27, 2020, the Defendant, including the conclusion of a building lease contract between the original Defendant and the notification of the Plaintiff’s termination, leased the instant building from the Plaintiff as security deposit amounting to KRW 2,00,000, KRW 300,000 per month, and the period from January 28, 2020, and the deposit amount was paid until January 28, 2020, and the rent was paid up to the 10th day of each month. On January 28, 2020, the Defendant transferred the instant building, including furniture, etc.

After that, the plaintiff notified the defendant of the termination of the lease contract by means of the content-certified mail on March 2, 2020, as the defendant did not pay the deposit, and the defendant did not pay the rent at all.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2, the purport of the whole pleadings

2. According to the above determination, even if the plaintiff notified the termination of the lease due to the delayed performance of the deposit by the content-certified mail, as long as the trust relationship is not deemed to have been destroyed to the extent that it is impossible to maintain the contract immediately as a result of the delay of performance of the deposit, the plaintiff's notification of termination is null and void. Since the lease contract between the original defendant and the defendant was delayed for more than two years, the lease contract between the original defendant is defined as follows.

In the case of lease of a building or any other structure mentioned in Article 640 (Lease and Termination), the lessor may terminate the contract if the annual rent of the lessee amounts to the amount of two times’s rent.

Any agreement entered into in violation of the provisions of Articles 627, 628, 631, 635, 638, 640, 641, and 643 through 647 which is unfavorable to either the lessee or sub-lessee shall be void.

It seems that the application for amendment to the claim of July 15, 2020, stating the purport of the termination, was legally terminated by being served on the defendant on July 20, 2020.

Therefore, the defendant ordered the plaintiff to order the building of this case, and the rent of 1,729,99 won from January 28, 2020 to July 20, 2020 =30.

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