logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2021.02.16 2020가단116964
건물인도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant),

(a) deliver the real estate listed in the annex;

(b) from September 24, 2020.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On March 18, 2019, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with regard to real estate listed in the separate sheet, setting the lease deposit of KRW 10,000,000, the rent of KRW 700,000 (per month 15,000), and the lease period from April 15, 2019 to April 14, 2020.

B. On March 4, 2020, the Defendant sent to the Plaintiff the intent to extend the term of the instant lease agreement, but the Plaintiff respondeded to the Defendant on the same day to the effect that “if the lease agreement is extended by one year, it would increase the monthly rent to KRW 735,000 per month,” and on March 7, 2020, the Defendant notified the Plaintiff to the effect that “the instant lease agreement will not be extended.”

(c)

On September 21, 2020, the Plaintiff sent to the Defendant a certified mail to the effect that the instant lease contract will be terminated on the grounds of delinquency in rent, which reaches September 23, 2020.

(d)

The Defendant paid to the Plaintiff all the rent from April 15, 2019 to October 14, 2019, respectively, and additionally remitted KRW 700,000 on January 23, 2020, KRW 700,000 on February 25, 2020, and KRW 700,000 on March 4, 2020.

E. The defendant occupies the real estate of this case until the closing date of pleadings.

【Unsatisfy-founded facts, Gap evidence Nos. 1, 2, and 3, Eul evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion that the instant lease agreement was terminated due to the Defendant’s delinquency in rent, and the Defendant delivered the instant real estate to the Plaintiff, and paid KRW 5,809,97 in total, the unpaid rent from September 23, 2020 to September 24, 2020, and paid the amount equivalent to KRW 700,000 per month from September 24, 2020 to September 24, 2020.

B. 1) Determination 1) The lease term of the instant lease is one year, but the lease term of the instant lease is two years pursuant to Article 4(1) of the Housing Lease Protection Act, provided that the lessee is a lessee.

arrow