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(영문) 대전지방법원천안지원 2020.04.22 2019가단116128
건물명도(인도)
Text

1. The defendant is against the plaintiff (appointed party) and the appointed party C:

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

(b) 5,00.0

Reasons

1. Facts of recognition;

A. On July 5, 2017, the Plaintiff (Appointed Party) and the Appointed C (hereinafter “Plaintiffs”) determined and leased real estate listed in the attached list to the Defendant as of KRW 50,000,000 for lease deposit, monthly rent of KRW 5,000 for lease deposit ( separate value-added tax, monthly payment of KRW 1,000 for), and the period from July 14, 2017 to July 13, 2019.

B. Upon renewal of the above lease agreement on July 13, 2019, the Plaintiffs and the Defendant agreed to pay KRW 50,000,000,000, which was fully deducted from the unpaid rent, until September 13, 2019, and to pay KRW 8,00,000,000, which was unpaid after the deduction from the lease deposit, until July 17, 2019.

C. Even after the Defendant did not pay the lease deposit and the rent, the Plaintiffs terminated the said lease agreement on September 9, 2019.

The Defendant paid the Plaintiffs KRW 4,00,000,000 on November 6, 2019, and KRW 4,000,000 on November 7, 2019, and KRW 6,00,00 on November 19, 2019.

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

2. According to the facts of the above recognition, the above lease agreement was terminated according to the plaintiffs' declaration of termination on the grounds of the defendant's deposit for lease and the unpaid deposit.

The defendant asserts that from January 2019, the defendant agreed to lower the monthly rent of KRW 4,500,000 (including value-added tax) with the plaintiffs.

However, there is not only insufficient evidence to acknowledge such an agreement, but also there is no reason to believe that the above argument by the defendant is without merit, since the lease agreement entered into by the plaintiffs and the defendant upon renewal of the lease agreement on July 13, 2019 as "5,00,000 won" and "Additional Tax Table" concerning monthly rent.

Other circumstances alleged by the defendant are not justifiable grounds for refusing to deliver the above real estate.

Therefore, the defendant delivers the above real estate to the plaintiffs, and ② from July 14, 2019 to September 13, 2019, the sum of rent of 11,000,000 to November 19, 2019.

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