(영문) 의정부지방법원 2020.11.17 2020가단116050

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(영문) 의정부지방법원 2020.11.17 2020가단116050

건물인도

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1. The defendant shall be the plaintiff.

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

B. From 15,00,000 won and May 2, 2020

Reasons

1. Basic facts

A. On May 24, 2019, the Plaintiff leased (hereinafter “instant lease agreement”) real estate listed in the attached list (hereinafter “instant real estate”) to the Defendant with a deposit of KRW 20 million, monthly rent of KRW 1.5 million (excluding value-added tax) (hereinafter “instant lease agreement”).

B. On July 1, 2019, the Defendant did not fully pay the remainder of the rent that is to be paid on July 1, 2019 (on June 2019) after payment on July 21, 2019. On May 1, 2020, the rent that is unpaid by the Defendant as of May 1, 2020 is KRW 15 million (i.e., KRW 150 million x April 200).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, barring any special circumstance, the lease of this case was terminated by serving a copy of the complaint of this case stating the Plaintiff’s declaration of intent to terminate the lease of this case on the ground of the Defendant’s delay. Thus, the Defendant is obligated to deliver the real estate of this case to the Plaintiff, and pay the rent of this case calculated at the rate of KRW 1.5 million per month from May 2, 2020 to the date following the date of delivery of the real estate of this case from May 2, 2020 to the date of completion of delivery.

B. The Defendant asserted that the Defendant leased the instant real estate by requiring a warehouse to keep the sn beam beam steel products, and that the Plaintiff promised to store garbage, waste, etc. and increase the entrance and exit after the factory, but the Defendant did not comply with this and did not yet move in.

In other words, the following circumstances are acknowledged by comprehensively taking account of the facts acknowledged above, Gap evidence Nos. 3 through 6, Eul evidence No. 1 and the purport of the whole pleadings. <1> The plaintiff appears to have increased the entrance of the real estate of this case at the defendant's request and performed necessary work. <2>

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