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(영문) 수원지방법원 2018.07.19 2018가단28
건물인도
Text

1. The Defendant shall enter the separate sheet from August 25, 2017, from KRW 10,000 to KRW 10,000,00 from Plaintiff (Appointed Party) and Appointed C.

Reasons

1. Determination on the cause of the claim

A. On November 21, 2016, the facts of recognition (1) Plaintiff (Appointed Party) and the Appointed C (hereinafter “Plaintiffs”) concluded a lease agreement with the Defendant, setting forth that the real estate listed in the Disposition No. 1 (a) (hereinafter “instant apartment”) was deposited with the Defendant as KRW 10,000,000, the rent was KRW 800,000 on the 25th day of each month in advance, and the period from December 18, 2016 to December 17, 2018.

(2) Around that time, the Defendant paid the above security deposit to the Plaintiffs, and occupied and used the instant apartment on December 18, 2016.

(3) On October 2017, the Plaintiffs agreed to terminate the instant lease agreement with the Defendant’s defect that the Defendant could not maintain the lease agreement due to inevitable circumstances.

(4) However, without delivering the instant apartment, the Defendant occupied and used the instant apartment without transferring it, and did not pay rent after August 2017.

(5) On December 7, 2012, the Plaintiffs sent content-certified mail stating the purport that the instant lease agreement was terminated due to the Defendant’s personal circumstances, or that the Defendant was in arrears for a period of four months from July 2017. The said mail was served on the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. (1) According to the fact that the instant lease agreement was terminated, the instant lease agreement was terminated on October 2017, or the content-certified mail containing the Defendants’ intent to terminate the instant lease agreement on the grounds of the following delay was terminated on December 2017, or on May 14, 2018, where the copy of the instant complaint containing the same declaration of intent was delivered to the Defendant.

(2) The Defendant’s duty to deliver the instant apartment.

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