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(영문) 의정부지방법원 2020.06.04 2019가단126242
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex;

B. 50,668,302 Won and the annex from April 24, 2020.

Reasons

1. Basic facts

A. On February 12, 2018, the Plaintiff entered into a warehouse monthly rent contract (hereinafter “instant lease contract”) with the Defendant, which provides for KRW 30,000,000 as deposit money, KRW 4,180,00 as monthly rent (including value-added tax) and KRW 4,180,00 as deposit money, from April 20, 2018 to April 20, 2020, and leased the buildings listed in the attached Form to the Defendant.

B. Until July 19, 2019, the Defendant paid only KRW 30,000,000 as security deposit for the instant lease agreement, and KRW 41,040,00 as rent, to the Plaintiff, and did not pay the following rent.

C. On August 30, 2019, the complaint of this case, stating the purport of the Plaintiff’s rescission of the instant lease agreement on the grounds of delinquency in rent, was served on the Defendant.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination

A. As seen earlier, the Defendant paid only KRW 41,040,000 as the rent for the instant lease agreement.

However, this is an amount below KRW 41,800,000 until February 19, 2019 (i.e., KRW 4,180,000 x 10 months). Thus, it is obvious that the Defendant was in arrears for at least six months at the time of August 30, 2019, when the complaint of this case was served.

Therefore, since the lease contract of this case was terminated on the ground of the defendant's delinquency in rent, the defendant is obligated to deliver the building in attached Form to the plaintiff.

(On the other hand, on August 22, 2019, the defendant argued that since the plaintiff set up the door of the building as stated in the attached Form, it is not possible to pay rent thereafter, and it does not directly dispute the plaintiff's claim for delivery of the building.

The Defendant is obligated to pay the Plaintiff KRW 4,180,000 per month as the rent until August 30, 2019 when the instant lease contract was rescinded. The following day shall be the building attached to the Plaintiff.

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