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(영문) 수원지방법원안산지원 2020.12.18 2020가단73665
건물인도
Text

1. The defendant shall from September 16, 2020 to the completion date of delivery of the real estate stated in the separate sheet from 8,223,000 won by the plaintiff.

Reasons

1. Facts of recognition;

A. On November 6, 2019, the Plaintiff: (a) leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 10 million; (b) from November 16, 2019 to November 16, 2021; and (c) fixed the lease deposit amount as KRW 600,000 per month (hereinafter “instant lease agreement”); and (d) concluded a special agreement with the following terms.

Matters of special agreement

5. A tenant shall be entitled to deduct the exchange of a total ging, singinging, visiting fingers, removal of toilets, gingle, gingle, water sampling, various gingsingings, routingingings, and number height from the exchange of the tenants on a monthly basis (60,000 won).

(Number key) 8. Management expenses, such as water supply, joint electricity, and cleaning of stairs (59,00 won) shall be separately set aside.

B. On November 16, 2019, the Defendant paid KRW 9.3 million to the Plaintiff as the deposit for lease, and thereafter, occupied and used the instant real estate until now.

C. From December 16, 2019 to February 15, 2020, the Defendant paid to the Plaintiff a sum of KRW 1,977,000 equivalent to the amount of rent and management expenses for three months. Accordingly, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of delinquency in rent by serving a duplicate of the instant complaint.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant did not pay the rent under the instant lease agreement, and the plaintiff notified the termination thereof, so the instant lease agreement was lawfully terminated.

Therefore, the Defendant: (i) KRW 8,223,00 (= Lease Deposit 9,300,000 - KRW 1,077,000) for the rent and management expenses unpaid as of September 15, 2020 (i.e., KRW 6,590,000 in total for ten months from November 16, 2019 to September 15, 2020 - Amounting to 6,590,000 in special agreement - Amounting to 60,00,000 in total for the Defendant’s previous payment, etc.; KRW 4,913,00 in total from September 16, 2020 to September 6, 2059.

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