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(영문) 서울동부지방법원 2020.07.09 2019가단159519
건물인도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

In light of the purport of the entire argument in Gap evidence Nos. 1 through 3, on October 19, 2019, the plaintiff shall be paid KRW 100 million to the defendant on the lease deposit, KRW 20 million from November 2, 2019 to November 1, 2021, and KRW 1660,000 per month from the lease deposit (one-year rent of KRW 20,000,000,000,000) as the contract deposit (hereinafter "the lease contract in this case"), and the defendant shall receive KRW 10,000,000 as the contract deposit (hereinafter "the lease in this case"), and the defendant shall not pay the remainder of KRW 10,000 to the plaintiff by November 2, 2019 but did not pay the remainder of KRW 90,000,000,000,000,000 for the remainder of the lease deposit to the plaintiff at the time of delivery.

According to the above facts, the defendant did not perform his obligation to pay the remainder of the lease deposit or the advance payment under the lease contract of this case. The above lease contract of this case was lawfully terminated upon delivery to the defendant of a copy of the complaint of this case containing the plaintiff's declaration of termination on the ground of the above non-performance of obligation.

Thus, the defendant is obligated to deliver the apartment of this case to the plaintiff as the return of the leased object, so the plaintiff's claim of this case is justified and it is decided to accept it.

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