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(영문) 부산지방법원 서부지원 2021.03.25 2020가단100435
건물인도
Text

The Defendant

(a) Attached 2 Map 1, 2, 3, 4 and 1, among the 1st floor of the building listed in the attached Table 1 attached hereto 252.98 square meters.

Reasons

1. Basic facts

A. On July 1, 2017, the Plaintiff and the Defendant concluded a lease agreement (hereinafter referred to as “instant lease agreement”) with respect to the portion (A) of 67.6 square meters on the ship (hereinafter referred to as “instant building”) connected each point, among the 252.98 square meters on the 1st floor of the building listed in the attached Table 1 attached hereto owned by the Plaintiff, which is KRW 50,000,000, monthly rent of KRW 2,300,000 ( separate value), and the monthly rent of KRW 2,30,000,000, and the monthly rent of KRW from July 1, 2017 to June 30, 2019.

B. While the Defendant did not pay a total of KRW 5,060,000 in May 1, 2019 and June 201 of the same year, the Plaintiff and the Defendant: (a) on June 27, 2019, the lease deposit of this case was KRW 50,000,000 as in the previous case; (b) monthly rent was increased by KRW 100,000, and (c) the lease term was renewed by setting the period from July 1, 2019 to June 30, 2020.

(c)

B. Although the Defendant paid the monthly rent by the end of each month even after the renewal of the above port, the Defendant paid the monthly rent after the following due date.

① KRW 2,640,00 for the rent of July 2019: KRW 1,640,000 on August 13, 2019 and KRW 1,640,00 on August 27, 2019; ② KRW 2,640,00 for the rent of August 1, 2019; KRW 1,000 for the rent of KRW 2,640,000 on October 1, 2019; and KRW 2,640,00 for the rent of September 29: KRW 1,640,000 for the same month: KRW 0 for the rent of KRW 1,640,00 on September 20: KRW 1,00,000 for the same month and KRW 25,640,00 for the same month; and KRW 1,640,00 for the same month; and

D. On November 12, 2019 and December 5, 2019, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the payment of rent was overdue for at least three months, and filed the instant lawsuit.

E. Meanwhile, the Defendant did not pay the difference between November 2019 and December of the same year even when the Plaintiff filed the instant lawsuit at the time of filing the lawsuit. The Defendant received the duplicate of the instant complaint on January 20, 2020, and thereafter received the duplicate of the instant complaint.

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