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(영문) 춘천지방법원 2020.07.15 2019가단54548
건물명도(인도)
Text

1. The defendant

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

(b) KRW 1,00,000 and KRW 500,000 among them;

Reasons

1. Basic facts

A. On March 18, 2019, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant by setting a deposit of KRW 5,00,000,000, monthly rent of KRW 500,000 (payment in advance on April 28), and the period from April 1, 2019 to March 31, 2020.

B. After the Defendant paid a two-month rent only, the Plaintiff did not pay the rent more than three times from May 28, 2019. The Plaintiff filed the instant lawsuit, and expressed an intention to terminate the instant lease contract to the Defendant, and the instant warden served the Defendant on August 21, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement appears to have been terminated around August 21, 2019 by the Plaintiff’s declaration of termination on the grounds of the Defendant’s delinquency in rent.

Therefore, the defendant delivers the building of this case to the plaintiff, and with respect to the aggregate of KRW 1,00,000 for the rent of June 2019 and July 2019, and KRW 500,000 for the rent of June 2019, which is June 28, 2019, the plaintiff sought after May 28, 2019, from June 1, 2019 to July 5, 2019; with respect to KRW 500,000 for the remainder of KRW 50,000 for the rent of July 29, 2019 to the defendant; from June 29, 2019 to August 21, 2019, the defendant shall pay the amount of delay damages calculated by 20,000 per annum of the building of this case to the defendant from June 29, 2019 to August 21, 2019 to 208.

3. Conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit.

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