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(영문) 춘천지방법원속초지원 2020.10.27 2020가단20625
건물인도
Text

1. The Defendant from April 15, 2019 to the delivery date of the building indicated in the separate sheet from KRW 20,000,000 by the Plaintiff.

Reasons

1. Facts of recognition and judgment

A. On February 27, 2019, the Plaintiff entered into a lease agreement with the Defendant as to the real estate listed in the separate sheet (hereinafter “instant real estate”) with the Defendant (hereinafter “instant real estate”), with a lease deposit of KRW 20 million per month, KRW 600,000 per month (prepaid on March 15, 2019), and from March 15, 2019 to March 14, 2021 (hereinafter “instant lease agreement”), and around that time, delivered the instant real estate to the Defendant. The Defendant paid the Plaintiff KRW 20,000,000 and KRW 6,000,000 per month until March 16, 2019. However, the Plaintiff did not pay to the Plaintiff as of the closing date of argument thereafter, and the Plaintiff could not be recognized as having delivered a copy of the complaint including the cancellation of the instant lease agreement on the grounds of arrears between the Defendant and the Defendant on March 13, 202.

B. According to the above facts, the instant lease contract was terminated due to the Defendant’s delinquency in payment of rent, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff at the same time with the remainder calculated by deducting the amount calculated by the rate of KRW 600,000 from April 15, 2019, which is the last day following the date of payment of rent from the Plaintiff, from the amount of KRW 20,000,000.

2. The Defendant alleged that the Plaintiff was not obligated to pay rent because of serious defects in the instant real estate, which actually failed to use the instant real estate. However, the evidence submitted by the Defendant alone is insufficient to find that there was a defect that makes it impossible to use and benefit from the instant real estate normally, and there is no other evidence to find this otherwise, and otherwise, the Plaintiff is obligated to allow the Defendant, a lessee, to use and benefit from the instant real estate.

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