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(영문) 서울중앙지방법원 2020.07.07 2019가단5287331
건물인도
Text

1. The Defendant: (a) the Plaintiff:

Attached Form

(b) deliver the real property listed in the list;

1,79,840 won and 1,765,500 won among them.

Reasons

1. Facts of recognition;

A. On January 24, 2019, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) from B from January 24, 2019 as the lease deposit amount of KRW 120,000,000, monthly rent of KRW 100,000, and the lease term of March 6, 2019 to March 5, 2021, the Plaintiff agreed to pay the rent directly to the lessor.

B. On January 24, 2019, the Plaintiff leased the instant real estate to the Defendant as KRW 2,300,000 (117,700,000 out of the above lease deposit) (the Plaintiff’s subsidization as the National Housing Fund), monthly rent 294,250 (the last day of each month of payment), and the term of lease from March 6, 2019 to March 5, 2021.

(hereinafter “instant lease agreement.” Article 9 Subparag. 2 of the instant lease agreement provides for the grounds for revocation of the Plaintiff’s lease agreement as “where a monthly rent is not paid for at least three months.”

C. The Defendant did not pay the rent from May 2019.

B notified the Plaintiff that the lease contract will be terminated on the grounds of the Defendant’s delinquency in rent, and the Plaintiff urged the Defendant to pay the overdue rent on July 12, 2019 and October 10, 2019.

The Defendant occupied and used the instant real estate by the date of closing the argument in the instant case.

The unpaid rent, etc. as of November 6, 2019 is 1,79,840 won [the principal = 1,765,50 won = 294,250 won ¡¿ six months (from May 2019 to October 2019)].

E. Meanwhile, Article 3(5) of the instant lease agreement provides that the rate of delay interest for the overdue rent shall be “the overdue interest rate stipulated in Table 1 attached to the National Housing Fund Operation and Management Regulations” and the said management agreement provides that “the overdue interest rate shall be 7% per annum where the overdue interest rate exceeds 40 million won for loans and the overdue interest rate exceeds 3 months for occupants.”

【Facts without dispute over the ground for recognition, entries in Gap's evidence 1 through 7 (including branch numbers for those with additional numbers), and the purport of the whole pleadings

2. In full view of the purport of the entire arguments in the above facts of recognition, this case.

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