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(영문) 대전지방법원 2021.01.13 2020가단107947
건물인도
Text

1. The defendant delivered the building indicated in the attached list to the plaintiff. 2. The costs of lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On February 28, 2019, the Plaintiff entered into a lease agreement with the Defendant to KRW 22,008,00, monthly rent of KRW 424,440, and the contract term from February 28, 2019 to March 31, 2021 with respect to the building listed in the attached list (hereinafter “instant building”).

According to Article 10 (1) 4 of the above lease agreement, where a lessee has paid a monthly rent for at least three consecutive months, the lessor may terminate the contract.

B. From April 2019 to January 2020, the Defendant delayed the rent of nine months.

(c)

The plaintiff declared in the complaint of this case that the above lease contract will be terminated on the grounds that the defendant did not pay rent, and the copy of the complaint was served on March 17, 2020.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-9, Gap evidence No. 4, the purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, the lease contract was lawfully terminated by the Plaintiff’s declaration of intent to terminate the contract on the grounds of the Defendant’s delinquency in payment of monthly rent.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff by reinstatement.

The plaintiff's claim of this case is justified and accepted.

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