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(영문) 서울중앙지방법원 2021.01.12 2020가단5186977
건물인도
Text

1. The defendant shall deliver the real estate listed in the separate sheet to the plaintiffs. 2. The defendant shall bear the costs of lawsuit.

3...

Reasons

1. Facts of recognition;

A. On June 23, 2018, the Plaintiffs leased real estate listed in the attached list (hereinafter “the instant real estate”) to the Defendant with the lease deposit of KRW 150,00,000, monthly rent of KRW 10,500,000 (per month 25,000) and the lease term of KRW 10,50,000, from July 1, 2018 to June 30, 2023 (hereinafter “lease”).

B. Article 7 (1) of the instant lease agreement provides that “A lessor may terminate the instant lease in cases where a lessee fails to pay rent for at least two months.”

The defendant is delinquent in paying rent from October 25, 2019 to October 25, 2019.

(c)

On May 13, 2020, the Plaintiffs sent to the Defendant a certificate-post to the effect that “The rent in arrears with the seven-year period shall be paid until May 25, 2020, but the said lease contract shall be terminated at the time of payment,” and reached the Defendant around that time.

(d)

On July 15, 2020, when the Defendant did not continue to pay the overdue rent, the Plaintiffs filed the instant lawsuit to the effect that “the instant lease is terminated on the ground of delinquency in payment of the rent for the nine-year period and the claim for the delivery of the instant real estate”, and the duplicate of the complaint was served on the Defendant on July 27, 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, since the lease of this case was lawfully terminated due to the defendant's default of payment of rent, the defendant is obligated to deliver the real estate to the plaintiffs.

3. If so, the plaintiffs' claim of this case is justified.

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