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(영문) 서울동부지방법원 2020.05.27 2019가단18663
건물명도(인도)
Text

1. The defendant shall order the plaintiff to write down the real estate stated in the attached list.

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

3...

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the facts found in Gap evidence Nos. 1 through 7 (including provisional number), the plaintiff entered into a lease agreement with the defendant on April 18, 2017 with regard to the real estate listed in the separate sheet (hereinafter "the building of this case"), with a lease deposit of KRW 41,40,00, monthly rent of KRW 293,100, and the lease term of two years (from May 1, 2017 to April 30, 2019) and the lessee has been in arrears for at least three consecutive months, the lessor may refuse to cancel or terminate the lease agreement, and to renew the lease agreement. However, the defendant continued to occupy the building of this case from May 1, 2017 to May 1, 2017; the plaintiff was notified the defendant of the overdue rent of at least 13,000,000, and the lease agreement was terminated as of December 13, 2017.

2. According to the above facts, since the lease contract on the building of this case was lawfully terminated on the grounds of the defendant's delinquency in rent, the defendant is obligated to deliver the building of this case to the plaintiff.

In regard to this, the defendant's spouse is unable to make a living due to economic difficulties after receiving cancer surgery, and the defendant is unable to pay monthly rent as a physically handicapped person, but it is impossible to accept the plaintiff's claim in the future. However, it is difficult to view that there is a justifiable reason for the defendant's delinquency in rent due to such circumstance. Thus, the above argument by the defendant is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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