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(영문) 서울남부지방법원 2020.04.23 2019가단15834
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver each building listed in the separate sheet;

B. From February 28, 2019, each of the above buildings.

Reasons

1. In full view of the overall purport of the pleadings, the facts in the separate sheet Nos. 1 and 5 (including each number), as to the plaintiff's claim, can be acknowledged.

Defendant’s assertion to the effect that the rent under the instant lease agreement was KRW 2.8 million per month, but the Plaintiff’s coercion was forced to additionally pay KRW 400,000 per month for six months from September 1, 2018. However, according to the evidence evidence No. 1, it can be acknowledged that the rent under the instant lease agreement was KRW 3.2 million per month (excluding additional tax), and the Defendant’s above assertion is without merit. According to the above fact-finding, the instant lease agreement was lawfully terminated due to the Defendant’s failure to pay rent for more than three months.

As such, the defendant is obligated to deliver to the plaintiff each building listed in the separate sheet with the performance of the duty to restore according thereto, and to pay to the plaintiff the rent calculated at the rate of KRW 3,542,00 per month from February 28, 2019 to the day on which delivery of each building was completed, which is the first rent that became due after the payment was made by the defendant for the six-year rent paid by the defendant.

2. Conclusion, the plaintiff's claim is justified and acceptable.

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