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(영문) 부산지방법원 동부지원 2021.01.14 2020가단1853
건물인도 등
Text

1. The defendant shall be the plaintiff.

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

B. From September 4, 2020, 7,036,400 Won and above.

Reasons

1. Facts of recognition;

A. On September 2, 2019, the Plaintiff leased KRW 10,000,00 for the lease deposit, from September 4, 2019 to September 3, 2021, and the monthly rent from September 4, 2019 to September 3, 2021, between the Defendant and the Defendant, KRW 50,00 for each month from September 4, 2019, and from September 4, 2020 to September 3, 2020. The Defendant paid KRW 1,00,000 for the same day to the Plaintiff.

B. On September 4, 2019, the Defendant paid the Plaintiff a balance of KRW 9,00,000 and KRW 550,000 for monthly rent, and the instant real estate was handed over.

(c)

On October 9, 2019, the Defendant paid KRW 550,000,00 to the Plaintiff for October 9, 2019, and thereafter, the Defendant is in arrears.

(d)

Until October 29, 2020, the defendant did not pay KRW 1,456,400.

E. The Plaintiff submitted the instant complaint containing the intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency of rent for more than two years, and the instant warden was served on March 20, 2020 on the Defendant.

F. Meanwhile, at the time of delivery of the instant real estate to the Defendant, the Plaintiff completed the entire remodeling construction, such as the design, decoration, and bath room.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 11 (including various numbers if there is a number) and the purport of the whole pleadings

2. Determination

A. According to the facts found above, the Plaintiff served on the Defendant on March 20, 2020, the instant complaint containing the intent to terminate the instant lease contract on the grounds of the Defendant’s delinquency of rent for more than two years, and thus, the instant lease contract was terminated upon termination.

Although the Defendant asserted to the effect that malodor in the toilets, etc. of the instant real estate was so severe that repair was requested several times, but the Plaintiff did not pay the monthly rent as it was left alone, there is no evidence to acknowledge this, and rather, according to the evidence adopted earlier.

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