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(영문) 인천지방법원 2021.03.03 2020가단13440
건물명도등
Text

The Defendant, as the Plaintiff

(a)delivery of the real estate listed in [Attachment 1] List;

B. From December 30, 2020 to December 30, 202, the above paragraph A.

Reasons

1. Facts of recognition;

A. On January 3, 2019, the Plaintiff and the Defendant entered into a lease agreement with regard to the real estate listed in the [Attachment 1] List (hereinafter “the instant real estate”), setting the lease deposit of KRW 20 million, KRW 2,100,000 per month, and KRW 2,10,000 per month, and the lease term of KRW 29,00 per month (hereinafter “the first lease agreement”) from January 29, 2019 to January 28, 2020, and the Defendant occupied and used the instant real estate by delivery from the Plaintiff around that time.

B. The defendant did not pay 10,500,000 won to the plaintiff for a total of five months during the above lease period.

(c)

On January 21, 2020, the Plaintiff and the Defendant concluded a lease contract (hereinafter “the second contract”) by setting the lease term from January 29, 2020 to January 28, 2021.

In section 4 of the above contract, the lessor (the plaintiff) may terminate this contract without delay if the lessor (the defendant) has failed to pay the rent for the second period of time.

“A special agreement is a contract under which one-year extension is made under the same condition, and is a contract under which the lessor (Plaintiff) takes occupancy after one year.

If the unpaid rent is not paid by February 28, 2020, it will be withdrawn without any condition by February 28, 2020.

“......”

(d)

Until February 28, 2020, the Defendant paid only KRW 5,900,00 among the rent in arrears described in the above paragraph (B) to the Plaintiff ( KRW 5,000,000 on February 27, 2020, KRW 900,000 on February 28, 2020), and did not pay the rent in March and April 2020.

Accordingly, on May 18, 2020, the Plaintiff sent to the Defendant a document certifying the termination of the second contract on the ground of the delinquency in rent.

E. The Plaintiff filed the instant lawsuit seeking delivery, etc. of the instant real estate on the ground of the termination of the second contract on June 24, 2020, although the Defendant did not pay the instant rent until May 2020.

The duplicate of the complaint of this case was served on the defendant on September 23, 2020, and at the time, the defendant's overdue rent (attached Form 2) was appropriated between the plaintiff and the defendant as shown in the table.

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