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(영문) 인천지방법원 2021.01.14 2020가단12911
건물인도등
Text

From 20,000,000 to 80,000, the defendant shall each month from June 5, 2020 to the completion date of delivery of the building as stated in the separate sheet.

Reasons

1. Basic facts

A. On November 13, 2018, the Plaintiff entered into a lease agreement with the Defendant for two years from December 5, 2018 to December 4, 2020, the lease deposit amount of KRW 20,000,000, monthly rent of KRW 800,000, and the Plaintiff transferred the said building to the Defendant on December 5, 2018.

B. From January 2019, the Defendant delayed to pay the rent, and the Defendant did not delay to pay the rent for more than two months as of the closing date of the instant pleadings.

(c)

The Plaintiff received a rent from the Defendant from June 4, 2020 to June 4, 2020, and notified the Defendant of the termination of the instant lease agreement as a service of a duplicate of the instant complaint.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the facts of recognition prior to the determination on the cause of the claim, the Defendant is obligated to receive from the Plaintiff the remainder after deducting the rent deposit of KRW 20,000,000 from June 5, 202 to the completion date of delivery of the building indicated in the separate sheet from June 5, 2020, and simultaneously deliver the said building to the Plaintiff.

3. The plaintiff's claim is justified within the scope of the above recognition, and thus, it shall be accepted, and the remainder shall be dismissed as it is without merit. It is so decided as per Disposition.

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