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(영문) 수원지방법원안산지원 2020.12.23 2020가단72938
건물인도
Text

1. The defendant shall deliver to the plaintiffs the real estate stated in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. On November 7, 2019, the Plaintiffs entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 50,000,000 from November 19, 201 to November 19, 2021, and KRW 3,100,000 from monthly rent (payment on the 19th day of each month) as the lease term (hereinafter “instant lease agreement”).

Article 4 of the instant lease agreement (A1, B 4) provides that “When a lessee fails to pay a rent for the second term, the lessor may immediately terminate this contract.”

On November 19, 2019, the Defendant received the instant officetel from the Plaintiffs and possessed and used it until now.

The Defendant did not pay the rent of KRW 3,100,00 after the payment of the rent of KRW 3,000 on December 19, 2019. The Plaintiffs notified the Defendant of May 11, 2020 that the rent of KRW 5 months (from December 19, 2019 to May 18, 2020) by content-certified mail is the rent of KRW 5 months (from May 19, 2019 to May 19, 2020), and the Defendant received the said content-certified mail on May 12, 2020.

The Defendant did not pay the rent by May 19, 2020, but the Plaintiffs filed the instant lawsuit on May 26, 2020, and sent a copy of the complaint to the Defendant on May 26, 2020.

The instant warden was served on July 8, 2020 on the Defendant.

[Reasons for Recognition] Facts without dispute: Gap 1, 2, 3, Eul 1, 4, 11, 13, the purport of the whole pleadings

2. According to the above facts of recognition, the instant lease agreement was lawfully terminated according to the Plaintiff’s declaration of termination on the grounds of the Defendant’s delay of rent.

Therefore, the defendant is obligated to deliver the instant officetel to the plaintiffs.

3. The plaintiffs' claim for conclusion is justified and acceptable.

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