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(영문) 수원지방법원안산지원 2020.12.18 2020가단80649
건물인도
Text

The Defendant, as the Plaintiff

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

(b)As from July 25, 2020, real estate of the preceding paragraph.

Reasons

1. Facts of recognition;

A. On December 24, 2016, the Plaintiff leased the real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant as KRW 10 million, the lease deposit period of KRW 24 months, and the rent monthly KRW 650,000,000.

(hereinafter “instant lease agreement”). B.

According to the renewal of the instant lease agreement, the Defendant occupied and used the instant real estate until now, and paid the Plaintiff a total of KRW 1,755,000 for 27 months until March 1, 2020 only the rent of KRW 1,755,00,000 to the Plaintiff, and thereafter the Defendant was in arrears.

C. The Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of the delinquency in rent by serving the duplicate of the instant complaint.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant did not pay the rent under the instant lease agreement, and the plaintiff notified the termination thereof, so the instant lease agreement was lawfully terminated.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and the Plaintiff’s claim (the Plaintiff deducteds KRW 10,400,000 from the lease deposit for 16 months from March 24, 2019 to July 23, 2020) is obligated to pay the rent or unjust enrichment calculated by the ratio of KRW 6,50,000 per month from July 25, 2020 to the completion date of delivery of the said real estate.

3. Judgment on the defendant's assertion

A. As to the allegation of deferment of rent, the Defendant asserts that the Plaintiff suspended rent until the termination of the car or situation around March 2020.

However, there is no evidence to acknowledge the defendant's above assertion, and the defendant's above assertion is not acceptable.

B. As to the assertion on the application of the amended Commercial Building Lease Protection Act, the Defendant cannot be deemed to have failed to pay the rent in accordance with the amended Commercial Building Lease Protection Act (Article 10-9).

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