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(영문) 인천지방법원 2020.07.08 2019가단271844
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver (attached Form) real estate listed in the list;

B. 5,010,000 won and one of them 13,896

Reasons

1. Facts of recognition;

A. On April 21, 2018, the Plaintiff and the Defendant concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) stipulating that the real estate listed in the Plaintiff’s list (attached Form) (hereinafter “instant real estate”) shall be KRW 60,000,000, monthly rent KRW 485,000, and the period from June 12, 2018 to June 11, 2018 (hereinafter “instant lease agreement”).

The instant lease agreement

4. Article 1(4) of the terms and conditions of the contract provides, “The Defendant shall pay the monthly rent by the end of each month, and if not, shall pay the overdue charge calculated by applying 8% per annum to the overdue charge.”

B. On June 12, 2018, the Plaintiff handed over the instant real estate to the Defendant.

C. By August 5, 2019, the Defendant did not pay the Plaintiff KRW 3,411,470 and the late payment charge 74,460 to the Plaintiff.

On the grounds of this, the Plaintiff sent a text message to the Defendant on August 5, 2019, stating that “if the rent, etc. is not paid by August 31, 2019, the instant lease agreement will be terminated.”

Even after the Defendant did not pay the rent and late payment charge to the Plaintiff, the Defendant possessed the instant real estate up to now.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-7, the purport of the whole pleadings

2. Determination

A. According to the facts cited above, the instant lease agreement was lawfully terminated on August 31, 2019, and the rent and late payment charge unpaid by the Defendant are as follows (unit: KRW 10 and KRW 10).

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and KRW 5,010,00 (=1) the unpaid rent of KRW 3,896,470 up to August 31, 2019 ② The late payment charge of KRW 143,530 up to October 31, 2019, ③ the illegal gains equivalent to the rent of KRW 970,000 from September 1, 2019 to October 31, 2019) and (1) the unpaid rent of KRW 3,896,470 from November 1, 2019, it is reasonable to dispute over the existence and scope of the Defendant’s obligation to perform.

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