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(영문) 수원지방법원 안산지원 2018.05.31 2018가단2516
건물인도 등
Text

1. The defendant shall pay from the plaintiff KRW 10,00,00 to KRW 2,970,000, and from March 25, 2018 to the day of full payment.

Reasons

1. Basic facts

A. On May 13, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the period from May 23, 2016 to May 22, 2019, with the following: (a) KRW 10 million for the instant real estate; (b) KRW 80,000 for the monthly rent of KRW 80,000 for management expenses (excluding value-added tax of KRW 80,00); (c) KRW 80,00 for the lease period (from July 2017 to KRW 110,00 for the lease period); and (d) the instant lease agreement includes the content that the Plaintiff may terminate the contract if the Defendant’s delayed rent reaches the three-year rent.

B. After paying the Plaintiff the lease deposit amount of KRW 10 million, the Defendant acquired the instant real estate and possessed it up to now.

C. The Defendant did not pay monthly rent and management expenses from October 23, 2017.

On January 24, 2018, the Plaintiff declared to the Defendant that the instant lease contract will be terminated on the grounds of delinquency in rent by means of content-certified mail, and was served to the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant lease agreement is deemed terminated upon the delay of the Defendant’s rent for at least three years. Thus, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the Plaintiff the sum of the rent and management fee unpaid from October 23, 2017 to January 22, 2018 (=90,000 won =90,000 won + KRW 990,000 (= KRW 1.190,000 won for the monthly rent) x 3 months], delay damages therefor, and the amount calculated by applying the rate of KRW 99,00 from January 23, 2018 to January 23, 2018.

3. Judgment on the defendant's assertion

A. The defendant's summary of the defendant's assertion cannot respond to the plaintiff's request for extradition of the real estate of this case until the plaintiff redeems the deposit of this case.

B. A lessor upon termination of a judgment lease agreement.

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