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(영문) 대전지방법원 2021.02.04 2020가단12322
건물명도 등
Text

1. The defendant

(a) deliver the buildings listed in the separate sheet;

B. 2,276,930 Won and this shall be August 2020

Reasons

Basic Facts

A. On September 28, 2019, the Plaintiff: (a) leased a building listed in the separate sheet (hereinafter “instant building”) to the Defendant as KRW 10,000,000 in a lease deposit; and (b) KRW 50,000 in a monthly rent (hereinafter “instant lease agreement”); and (c) concluded the instant lease agreement with the Plaintiff, the Plaintiff and the Defendant, when entering into the instant lease agreement, may immediately terminate the said agreement, where the Defendant’s delayed rent amounts to the amount of rent for two (2) years.

was determined.

The Defendant was handed over the instant building around September 28, 2019.

B. The Defendant did not pay the Plaintiff the rent from February 2020 to May 2020.

Accordingly, on June 23, 2020, the Plaintiff notified the Defendant on June 23, 202 that “If the Plaintiff did not deposit KRW 50,000,000 for the monthly rent of three months and six months and KRW 550,000 for the monthly rent of six months, at the same time as the termination of the contract was made from June 29, 2020.

On June 24, 2020, the content-certified mail sent to the Defendant, including the content-certified mail, and the above content-certified mail sent to the Defendant.

(c)

On July 3, 2020, the Defendant paid KRW 2,750,000 to the Plaintiff on July 3, 2020, KRW 1,200,000 on July 31, 2020, and KRW 550,00 on August 3, 2020.

The defendant did not pay management expenses of KRW 2,276,930 as of July 21, 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, on March 28, 2020, the Defendant’s overdue overdue charge amounted to 2nds of the rent, as stipulated in the instant lease agreement, the Plaintiff had the right to terminate the contract, and on this ground, a certified mail containing the Plaintiff’s intent to terminate the contract reaches the Defendant on June 24, 2020, and the instant lease agreement was lawfully terminated and terminated.

Therefore, barring special circumstances, the defendant is obligated to deliver the building of this case to the plaintiff and pay the rent and unfair profit equivalent to the rent from the date of the completion of the unpaid management expenses and the delivery.

B. As to this, the defendant is against the plaintiff on June 24, 2020.

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