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(영문) 춘천지방법원강릉지원 2020.11.24 2020가단33182
건물인도
Text

Of the instant lawsuit, the conjunctive claim is dismissed.

The plaintiff's primary claim is dismissed.

The costs of lawsuit.

Reasons

1. Basic facts

A. On January 28, 2019, the Plaintiff agreed to the Defendant as follows: (a) the building listed in the attached list (hereinafter “instant building”) was leased to the Defendant with a deposit of KRW 20 million; (b) KRW 1.1 million per month; (c) the payment date of the rent; and (d) from March 10, 2019 to March 9, 2021; and (c) at the time of the lease agreement, the Plaintiff and the Defendant agreed to the Defendant that “the Plaintiff may immediately terminate the instant contract when the Defendant’s delayed delay falls into the amount of three-year rents.”

(hereinafter “Lease of this case”). (b)

However, the Defendant did not pay the Plaintiff KRW 1.1 million for the rent of January 2020 and KRW 1.1 million for the rent of April 2020, respectively. On March 31, 2020, the rent of KRW 73,333,000 for the rent of March 31, 2020 did not pay the remainder of KRW 366,667, and on May 31, 2020, the rent of KRW 660,000 for the remainder of KRW 4.440,000 for the rent of May 31, 2020.

C. Accordingly, on June 2, 2020, the Plaintiff filed the instant lawsuit against the Defendant on the ground that “The Defendant did not pay a rent for more than three years, and thus the lease contract is terminated by serving the written complaint in accordance with Article 4 of the instant lease agreement,” and the duplicate of the written complaint reached the Defendant on June 17, 2020.

On the other hand, on June 19, 2020, the Defendant paid to the Plaintiff KRW 1.1 million for the rent of June 19, 2020 and KRW 806,667 for the overdue rent of March 2020 and May 2020, and later, on June 22, 2020, paid KRW 2.2 million for the overdue rent of April 2020.

[Ground of recognition] Facts without dispute, significant facts, Gap evidence 1 to 6, Eul evidence 2 (including each number), the purport of the whole pleadings

2. Judgment as to the main claim

A. The summary of the plaintiff's assertion was that the defendant did not pay the rent for more than three years on June 2, 2020 at the time when the lawsuit of this case was filed or on June 17, 2020 at the time when the copy of the complaint of this case was served. The lease contract of this case is stipulated in Article 4 through the lease contract of this case.

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