(영문) 서울중앙지방법원 2017.11.17 2017가단25848

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(영문) 서울중앙지방법원 2017.11.17 2017가단25848

건물인도 등

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1. The defendant delivers to the plaintiff the real estate stated in the attached list, and deliver the above building from July 1, 2017.

Reasons

1. Basic facts

A. On July 21, 2016, the Plaintiff entered into a lease agreement with the Defendant to lease real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”) with the lease deposit of KRW 30 million, monthly rent of KRW 310,000,000, and from August 1, 2016 to July 31, 2017 (hereinafter “instant lease agreement”).

At the time, the defendant paid the increased deposit amount of KRW 20 million by November 1, 2016, and agreed to voluntarily withdraw if the defendant fails to comply with it.

B. However, the Defendant did not pay the increased deposit of KRW 20 million until November 1, 2016, and the rent was delayed from January 2016 to March 2016, but the amount of the rent was paid for the three-month rent overdue during the instant lawsuit and the amount of the rent from June 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion and judgment

A. The Defendant did not pay the increased deposit amount of KRW 20 million as stipulated in the instant lease agreement until November 1, 2016, which was the due date, and did not pay rent for at least two years from January 2016 to March 1, 2016. For this reason, the instant lease agreement was lawfully terminated on April 10, 2017 by serving a duplicate of the instant complaint indicating the Plaintiff’s intent to terminate the instant lease agreement on the ground that the instant lease was served on April 10, 2017. Accordingly, the Defendant lost the right to possess the instant building.

Therefore, the Defendant has a duty to deliver the instant building to the Plaintiff following the termination of the contract, and further is liable to compensate the Plaintiff for damages at the rate of KRW 3.1 million, which is the monthly rent from July 1, 2016 to the time the delivery of the instant building is completed.

B. The defendant's assertion and judgment 1 are two years under Article 4 (1) of the Housing Lease Protection Act.

참조조문

-주택임대차보호법 제4조 제1항

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