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(영문) 수원지방법원 2021.01.14 2020가단8087
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. From June 23, 2020, the above paragraph A.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the pleadings as to the evidence Nos. 1 and 2 evidence Nos. 1 and 2, the Plaintiff: (a) determined and leased real estate listed in the separate sheet No. 5,00,000, monthly rent of KRW 550,000; and (b) lease period from April 23, 2019 to April 22, 2020 (hereinafter “the instant lease agreement”); and (c) in the instant lease agreement, the lessor may immediately terminate the lease in cases where the lessee fails to pay rent to the lessee for the amount of rent of two (2) terms under the instant lease agreement.

The fact that the Defendant did not pay the rent from June 2020, and the Defendant’s preparation on November 5, 2020, which included the Plaintiff’s declaration of intent to terminate the instant lease on the grounds of the foregoing delinquency, can be acknowledged that the document prepared on November 17, 2020, delivered to the Defendant around November 17, 2020.

B. According to the above facts, since the lease contract of this case was lawfully terminated due to the delivery to the defendant of the above prepared document containing the defendant's two or more years of delinquency in rent and the plaintiff's expression of intent to terminate the lease contract, the defendant is obligated to deliver the real estate of this case to the plaintiff by reinstatement, and the defendant is obligated to pay to the plaintiff the amount calculated at the rate of 50,000 won per month from June 23, 2020 to the delivery of the real estate of this case as unfair profit.

2. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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