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(영문) 부산지방법원 2021.02.02 2020가단332971
건물인도
Text

1. The defendant shall be the plaintiff.

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

B. From 36,808,00 Won and June 1, 2020

Reasons

1. Where there is no dispute between the parties to the judgment on the cause of the claim, or where the purport of the entire pleadings is added to each entry in Gap evidence No. 1 through 4 (including branch numbers), the defendant reduced the rent from the plaintiff on December 5, 2016 to KRW 20,000,000, monthly rent of KRW 4,000, monthly rent of KRW 4,000 (excluding value added tax), but from February 1, 2020 to April 30, 2020, the rent of KRW 3,500,000 (excluding value added tax);

The fact that the lease term was set from January 1, 2017 to December 31, 2018 (hereinafter “the lease of this case”) and thereafter the above lease term was implicitly renewed, but the defendant can be recognized as having reached KRW 37,808,000 as of the end of May 2020, the fact that the plaintiff delivered to the defendant on August 28, 2020 that the complaint of this case, on which the plaintiff expressed his/her intention to terminate the lease of this case on the grounds of the defendant’s delinquency in rent of more than three years, was clearly recorded, and the plaintiff received KRW 1,00,000 from the defendant on July 30, 202.

According to the above facts, the lease contract of this case was terminated by the plaintiff's declaration of termination due to the defendant's failure to pay rent of not less than three times, and barring any special circumstance, the defendant is obligated to deliver real estate listed in the separate sheet to the plaintiff, and pay 36,808,000 won (=37,808,000 won - 1,000 won) remaining after deducting the above 1,00,000 won from the rent in arrears, and to pay 4,40,000 won per month from June 1, 2020 to the completion date of delivery of the above real estate.

2. As to the Defendant’s assertion, the Defendant alleged that the Plaintiff could not accept the Plaintiff’s claim because it was difficult to pay the Plaintiff the rent due to the lack of economic circumstances. However, the circumstance alone, as alleged by the Defendant, is alone.

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