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(영문) 수원지방법원안산지원 2020.08.12 2019가단10804
건물인도 등
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

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 7 as to the cause of the claim, the plaintiff entered into a lease contract with the defendant on June 12, 2018, which is the sum of lease deposit (i.e., KRW 10 million x 2), monthly rent of KRW 1.5 million (i.e., KRW 750,000 x 2), and the lease contract with a two-year period (hereinafter “the lease contract of this case”). According to the lease contract of this case, the lessor may terminate the lease contract of this case where the tenant fails to pay for three or more periods, and the defendant can recognize that the lease contract of this case was three or more years in arrears as of May 12, 2019, and it is evident that the plaintiff's delivery of a duplicate of the lease contract of this case to the defendant on the ground that the lease contract of this case was terminated by the plaintiff.

Therefore, since the instant lease contract was terminated on September 3, 2019 by the Defendant’s termination of the Defendant’s delayed rent, the Defendant is obligated to deliver each of the instant real estate to the Plaintiff.

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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