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(영문) 수원지방법원 2020.02.06 2019가단533693
임대차목적물인도청구의 소
Text

1. The Defendant shall deliver to the Plaintiff one story of 122.4 square meters among the real estate listed in the attached list.

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

Reasons

Facts of recognition

On May 17, 2018, the Plaintiff agreed on May 17, 2018 to the Defendant that the lease contract may be terminated if the Defendant delayed to reach the three-year rent by setting the lease deposit of KRW 20 million and the lease deposit of KRW 1,650,000 on May 16, 2019.

The Defendant operated a restaurant at the instant commercial building, but failed to pay more than three rents, and the Plaintiff notified the Defendant of the termination of the lease agreement, and on March 22, 2019, the Defendant agreed to deliver the instant commercial building to the Plaintiff by May 8, 2019.

[Ground of recognition] The facts that there is no partial dispute, Gap evidence Nos. 2 and 5, and the purport of the whole pleadings are examined. The lease contract was lawfully terminated by the plaintiff's expression of intent to terminate the contract, and the defendant agreed to deliver the commercial building of this case. Thus, the defendant is obligated to deliver the commercial building of this case to the plaintiff.

The plaintiff's claim is accepted.

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