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(영문) 인천지방법원 2020.11.19 2020가단236533
건물인도
Text

1. The defendant shall be the plaintiff.

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

(b) 4,500,000 won and as regards it, 2020.

Reasons

1. Basic facts

A. On December 15, 2019, the Plaintiff entered into a lease agreement with the Defendant and the real estate listed in the separate sheet (hereinafter “instant real estate”) with the period from June 10, 202 to June 9, 202, setting the lease agreement as KRW 30 million, KRW 60 million, KRW 4.5 million, monthly rent (payment on June 10, 202), and KRW 4.5 million, monthly rent (payment on June 10, 202).

(hereinafter “instant lease agreement”). Around June 10, 2020, the Defendant began to occupy the instant real estate upon delivery.

B. The Defendant did not pay a lease deposit to the Plaintiff, and did not pay a monthly rent from May 10, 2020.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. Determination

A. According to the above facts, since the Defendant was in arrears with two or more vehicles, the instant lease contract was lawfully terminated on June 22, 2020, which included an expression of intent to terminate the lease contract on the grounds of the delinquency in rent, and the copy of the instant complaint was delivered to the Defendant.

Therefore, the defendant shall deliver the real estate of this case, which is the object of lease, to the plaintiff, and the unpaid amount of 4.5 million won on May 2020, which is the date following the due date, and 5% per annum as provided by the Civil Act from May 11, 2020 to June 22, 2020, which is the date following the due date for the delivery of a copy of the complaint of this case, and damages for delay calculated at the rate of 12% per annum as provided by the "Special Act on the Promotion, etc. of Legal Proceedings" from the next day to the date of complete payment (the plaintiff claims for the payment of damages for delay calculated at the rate of 15% per annum from the day following the delivery of the copy of the complaint of this case to the day of full payment. However, the "the statutory interest rate of Article 3 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings" is promulgated on May 21, 2019, which is enforced on June 1, 2019.

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