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(영문) 부산지방법원 2021.03.16 2020가단334663
건물인도
Text

The Defendant

A. A. Re-delivery of the [Attachment] real estate again, and KRW 2,655,050,050.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person established under the law of a local public corporation, which has constructed a permanent rental apartment for the purpose of contributing to the stabilization of the residential life of citizens, the improvement of their welfare, and the development of local communities, and carries out

B. On October 30, 2017, the Plaintiff entered into a new lease agreement with the Defendant on the instant real estate (hereinafter referred to as “instant real estate”) with the owner of the re-real estate at the time of “Indication of the Attached Real Estate” (hereinafter referred to as “the instant lease agreement”) with the term of the lease contract on February 14, 2018 (hereinafter referred to as “the instant lease agreement”) with the term of the lease contract, which is 2,150,00 won, monthly rent 40,400 won, and the term of the lease, from November 13, 2017 to November 12, 2019.

(c)

The Defendant did not pay the monthly rent after November 2017 and the management expenses after January 2018. Accordingly, the Plaintiff expressed his/her intent to terminate the instant lease contract by serving a copy of the instant complaint on the Plaintiff.

(d)

From December 2019 to August 2020, the Defendant was designated as a housing beneficiary and received 40,400 won from the State every month, and paid the Plaintiff the monthly rent from December 2019 to August 2020.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 6, the purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, the instant lease contract was terminated by the Plaintiff’s declaration of intent to terminate the contract due to the Defendant’s nonperformance of obligation.

As such, the defendant shall deliver the real estate of this case to the plaintiff as a result of the termination of the contract, and pay the unpaid monthly rent of KRW 2,655,050 [ =4,805,050 [the unpaid monthly rent of KRW 1,110,390 from November to November 2019 [the unpaid monthly rent of KRW 3,694,660 from January 201 to June 202] - the lease deposit of KRW 2,150,050], and the defendant shall be obligated to pay the unpaid monthly rent of KRW 40,40 from September 1, 202 to the completion date of delivery of the real estate of this case.

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