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(영문) 의정부지방법원 2020.10.15 2020가단1554
건물인도 등
Text

1. The defendant shall be the plaintiff.

A. Attached Form C, among the real estate indicated in the Attached Form 1’s indication of real estate.

Reasons

1. Basic facts

A. On March 13, 2015, the Plaintiff entered into a real estate lease agreement with the Defendant (hereinafter “instant lease agreement”) with regard to the real estate indicated in attached Table 1 as indicated in attached Table 2, which is KRW 10,000,000 for deposit money, KRW 1,100,000 for tea (payment on March 13), and the term of lease for each real estate lease agreement (hereinafter “instant lease agreement”) with the Defendant, and leased the instant building to the Defendant by setting the period from March 13, 2015 to March 15, 2017.

B. According to Article 4 of the instant lease agreement, in a case where a lessee has failed to pay rent more than twice, the lessor may immediately terminate the instant lease agreement.

C. On March 15, 2017, the Plaintiff and the Defendant agreed to increase the rent of KRW 1,200,000 per month and to renew the instant lease agreement.

Of the rent under the instant lease agreement, the Defendant paid all the rent to the Plaintiff until September 13, 2017. However, around November 15, 2017, the Defendant paid only KRW 1,200,000, around December 15, 2017; KRW 1,200,000 on January 13, 2018; KRW 2,00,000 on May 18, 2018; KRW 1,200,000 on June 12, 2018; KRW 1,200,000 on July 6, 2018; and KRW 1,200,000 on September 23, 2018; and KRW 1,200,00 on September 24, 200; and KRW 630,00 on May 23, 200, 200.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the determination on a claim for the extradition of real estate, the rent of the instant lease agreement that was concluded as of February 27, 2020 by the instant complaint served on the Defendant as of February 27, 2020 (i.e., 29 months from September 14, 2017 to February 13, 2020) ¡¿ 1,200,000 won for the rent that the Defendant paid to the Plaintiff until that time (the rent of KRW 30,80,000 for the previous KRW 30,800,000, which was paid on June 5, 2020). Thus, it is clear that the rent that the Defendant delayed exceeds the amount for the second period from September 14, 2017 to February 13, 2020.

In addition, the warden of this case shall pay the defendant's rent.

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