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(영문) 대전지방법원천안지원 2020.10.15 2020가단3334
부동산 인도 등
Text

1. The defendant

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

B. From 20,364,940 won and May 1, 2020

Reasons

1. Facts of recognition;

A. On April 1, 2019, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 30,000,000 for each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), KRW 3,600 for each month of rent (in addition to value-added tax, KRW 1 in each month), KRW 50,000 for water rate (excluding value-added tax), and KRW 50,00 for water rate (excluding value-added tax), from April 1, 2019 to April 30, 2021.

(hereinafter “instant lease agreement”). B.

On April 1, 2019, the Defendant paid 10,000,000 won out of the deposit under the instant lease agreement to the Plaintiff, and received the instant real estate from the Plaintiff on April 1, 2019, but thereafter, paid 52,195,00 won out of the aggregate of the rent, water rate, and value-added tax for 13 months until April 2020 (=(3,60,000 + 50,000 won + 1.1 x 13) x 13], and the Plaintiff did not pay 39,940 won for electric power on April 2019.

C. On April 2, 2020, the Plaintiff notified the Defendant that the instant lease contract was terminated on the grounds of the Defendant’s partial failure to pay the lease deposit and the delinquency in paying two or more rents.

2. According to the facts of the above recognition, since the above lease contract was terminated upon the termination of the above lease contract of this case by the plaintiff on the ground of the defendant's non-performance of obligation, the defendant is obligated to deliver the real estate of this case to the plaintiff and pay to the plaintiff a sum of the rent and electricity fee claim amounting to 20,364,940 won (=19,965,000 won + 39,940 won) and May 1, 2020 from May 1, 2020 to the delivery date of the real estate of this case = 4,015,000 won [=3,60,000 won + 50,000 won + 1.1].

3. Conclusion, the plaintiff's claim of this case is justified.

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