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Reasons
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(영문) 대전지방법원 2021.03.25 2020가단8613
건물명도 등
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The Defendant, as the Plaintiff

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

(b) from September 29, 2021, entry in the separate sheet.

Reasons

1. Facts of recognition;

A. On December 4, 2019, the Plaintiff concluded a lease agreement with the Defendant for the lease term from December 25, 2019 to December 24, 2021, the lease deposit amount of KRW 5,000,00 (the down payment of KRW 500,000 on December 4, 2019, KRW 4,500 on December 25, 2019), monthly rent of KRW 350,00 (the down payment of KRW 25,000 on December 25, 201), and delivered the instant real estate to the Defendant at that end.

B. The Defendant, as indicated below, did not pay the Plaintiff the deposit amount of KRW 5,00,000 as stipulated in the instant lease agreement from December 26, 2019 to December 3, 2020, paid the Plaintiff in arrears with the deposit money and the monthly rent as stipulated in the instant lease agreement from December 26 to December 3, 2020.

The amount of monthly rent paid on December 26, 2019, 350,000 on January 30, 201, 200, 500, 1,000,000 on March 2, 2020, 200, 1,800,000 on April 28, 200, 200, 350,000 on June 11, 2020, 200 on July 22, 200, 200, 1,850,000 on August 22, 200, 200, 1,850,000, 70, 70,000 on September 70, 200, 200, 007; 00,0000,005 or more; and

C. The Plaintiff notified the Defendant prior to the filing of the instant lawsuit to the effect that “The instant lease contract is terminated as the Defendant did not delay the payment of the monthly rent of at least two months.”

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant lease agreement was terminated due to the Defendant’s delinquency in rent for at least two months prior to the filing of the instant lawsuit, and the said agreement was appropriated for the monthly rent from the Defendant until May 5, 2021.

Therefore, the Defendant shall deliver the instant real estate to the Plaintiff, and shall pay the amount calculated by the rate of KRW 350,000 per month from May 6, 2021 to the time of delivery of the instant real estate with the return of unjust profits.

3. Determination on the cause of the claim

A. On December 26, 2019, the Defendant paid KRW 350,000 for the monthly rent of KRW 350,000,00 for at least two months.

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