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(영문) 수원지방법원 성남지원 2017.02.09 2016가단18264
건물인도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On April 1, 2016, the Plaintiff concluded the instant lease agreement with the Defendant, setting the lease deposit amount of KRW 30 million with respect to the instant building, KRW 2.7 million per month, and the lease term from April 1, 2016 to April 1, 2018.

The defendant has taken over the building of this case from the plaintiff around the date of contract and has possessed it up to now.

B. At the time of the instant lease agreement, the Plaintiff and the Defendant concluded that the lease agreement is automatically terminated in the event that the lease is overdue for three months.

However, the Defendant did not pay the rent from April 2016 to June 2016, and it did not pay KRW 15 million out of the lease deposit before the instant lawsuit is filed.

2. Determination

A. According to the above facts, since the lease contract of this case was automatically terminated on the grounds of the delinquency in rent for not less than three months of the defendant, the defendant is obligated to deliver the building of this case to the plaintiff upon termination of the contract to its original state.

B. The defendant asserts that the plaintiff's claim is unjustifiable since all unpaid rents and deposits for lease were paid.

The Defendant paid KRW 5.4 million to the Plaintiff on July 8, 2016 (the rent from April to May 5, 2016), and KRW 2.7 million on July 29, 2016 (the rent from June 2016), and paid KRW 15 million on October 10, 2016.

However, since the above payment of rent was made after the effect of automatic termination occurred according to the special contract of this case, it cannot be viewed that the effect of termination of the contract is reversed.

The defendant's assertion is not accepted.

3. The plaintiff's claim for conclusion is justified and acceptable.

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