(영문) 인천지방법원부천지원 2020.09.04 2020가단106260

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(영문) 인천지방법원부천지원 2020.09.04 2020가단106260

건물인도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

B. 121,00 won and June 29, 2020

Reasons

1. Facts of recognition;

A. On March 8, 2019, the Plaintiff is the owner of the fourth floor building located in Kimpo-si, and entered into a lease agreement between the Defendant and the said building with respect to D (hereinafter “instant real estate”) with respect to the lease deposit amounting to KRW 3,000,000, monthly renting KRW 420,000 (after March 28, 2019), and the lease period from March 29, 2019 to March 28, 2020.

(hereinafter “instant lease agreement”). B.

The Plaintiff and the Defendant stipulated that the lessor may demand the termination of the contract when the lessee has failed to pay the monthly rent for at least two months due to the special terms and conditions of the instant lease agreement, and the overdue monthly rent shall be deducted from the deposit when the contract is terminated.

C. The Defendant paid the Plaintiff KRW 2,570,000 in total from April 30, 2019 to December 16, 2019.

The Plaintiff indicated in the instant complaint that the instant lease contract was terminated on the grounds of the Defendant’s delinquency in rent, and the instant warden reached the Defendant on March 13, 2020.

E. The defendant currently occupies the real estate of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3, substantial facts in this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) The parties’ assertion on the claim for delivery of a building asserts that the instant lease agreement was terminated or terminated due to the Defendant’s delinquency in rent, and thus, the Defendant is obligated to deliver the instant real estate to the Plaintiff. The Defendant asserts that the Plaintiff is not obligated to deliver the instant real estate to the Plaintiff. The Defendant, while failing to perform his/her duty as a lessor that would allow the Plaintiff to use and benefit from the instant real estate, requested to leave and did not pay the Plaintiff rent, and that such refusal to pay rent is legitimate, and thus, the Plaintiff’s notification on the termination of the contract on the ground of the Defendant’s delinquency in rent is invalid. 2) The Defendant’s lease agreement on

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