(영문) 의정부지방법원 2020.06.24 2020가단101829

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(영문) 의정부지방법원 2020.06.24 2020가단101829

건물인도

Text

The Defendant, as the Plaintiff

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

B. 23,100,000 won and the same shall be applicable to this.

Reasons

Facts of recognition

On August 3, 2019, the Plaintiff entered into a lease agreement with the Defendant, setting a deposit of KRW 70,000,000 per month, monthly rent of KRW 7,000,000 (additional tax, KRW 30,000 per month), and the period of August 2, 2022, with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”), and agreed that the Plaintiff may terminate the contract when the Defendant’s overdue rent of KRW 2.

(hereinafter “instant lease agreement”). The Defendant did not pay the Plaintiff rent for November 2019 and 12.

Accordingly, the Plaintiff expressed his/her intent to terminate the instant lease agreement by serving a copy of the instant complaint on the grounds of the Defendant’s delinquency in rent, and the duplicate of the instant complaint reached the Defendant on January 31, 2020.

The rent in arrears by the Defendant until January 31, 2020 is KRW 23,100,000 (7.7 million x 3 months), including value added tax.

[Grounds for recognition] According to the facts without dispute, Gap evidence Nos. 1 and 2, and the facts of the above recognition as to the claim for the purport of the entire pleadings, since the lease contract of this case was lawfully terminated on Jan. 31, 2020, the defendant is obligated to deliver the building of this case to the plaintiff and pay to the plaintiff the overdue rent of 23,100,000 won until Jan. 31, 2020, and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from Jun. 25, 2020 to the day of complete payment as requested by the plaintiff. From Feb. 1, 2020 to the day of delivery of the building of this case, the defendant is obligated to pay the amount calculated at the rate of 7 million won per month as unjust enrichment equivalent to the rent of this case.

The plaintiff's claim for conclusion shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

참조조문

-소송촉진 등에 관한 특례법

유사 판례

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