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(영문) 의정부지방법원 2020.10.22 2020가단101836
건물
Text

1. The defendant shall be the plaintiff.

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

B. 9,625,000 won and the same shall be applicable to 9,625,000 won.

Reasons

1. Basic facts

A. On April 15, 2014, the Plaintiff concluded a factory monthly lease agreement (hereinafter “instant lease agreement”) between the Defendant and the Defendant with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with respect to KRW 20,000,000, monthly rent of KRW 1,750,000 (excluding value-added tax), and entered into a lease agreement between May 30, 2014 to May 30, 2016, and leased the instant real estate to the Defendant.

Article 4 of the instant lease agreement provides that the lessor may terminate the instant lease agreement if the lessee’s delayed delay reaches the amount of two rents.

B. The instant lease agreement has been explicitly renewed even after the termination of the term and has continued to have its effect.

C. On the ground that the Defendant was in arrears with the instant lease agreement, the Plaintiff filed a lawsuit claiming rent (hereinafter “related case”) with the Jungyang-si District Court Decision 2019 Ghana4135, and on May 2, 2019, the lower court rendered a judgment in favor of the Plaintiff to order the Defendant to pay the Plaintiff the amount of KRW 9,350,000 and the amount calculated at the rate of 15% per annum from January 26, 2019 to the date of full payment.

On September 3, 2019, the Plaintiff paid the Defendant the overdue charge, and sent a content-certified mail demanding the delivery of the instant real estate within two months from the receipt of the content-certified mail (hereinafter “content-certified mail”) to the Defendant and sent it to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserts that, even after the issuance of the relevant judgment, the Defendant paid only the rent for June and July 2019 and did not pay the rent for the rent and related cases from August 2019. The Defendant does not dispute at all regarding whether the rent is paid or not. Accordingly, the Plaintiff’s claim for the rent under the lease agreement and the rent for the lease agreement.

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