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(영문) 전주지방법원 2020.10.14 2020나2512
건물명도
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 1,060,000.

B. The plaintiff.

Reasons

1. Facts of recognition;

A. On March 13, 2018, the Plaintiff, among the real estate indicated in the attached Table 1, leased each of the following dates: (a) part (A) of 79 square meters in the ship connected each point in sequence of drawings 1, 2, 3, 4, and 1 attached Table 2 among the real estate indicated in the attached Table 1, to the Defendant as of March 13, 2018: (b) KRW 10 million; (c) monthly rent of KRW 840,000; and (d) the term of lease from March 30, 2018 to March 30, 2020.

B. Around that time, the Defendant paid the Plaintiff the above deposit amounting to KRW 10 million, and occupied and used the instant real estate upon delivery, and paid only monthly rent until October 30, 2018, and thereafter did not pay the rent thereafter.

C. On February 15, 2019, the Plaintiff sent to the Defendant a certificate of content that contains a declaration of intent to terminate the said lease due to the delinquency in rent, and at that time, the said certificate reaches the Defendant.

[Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the above lease contract has been lawfully terminated and terminated, the Defendant is obligated to deliver the pertinent real estate to the Plaintiff, barring special circumstances, and to pay 80,000 won [i.e., KRW 10,080,000,000 for the 12-month period from October 31, 2018 to October 30, 2019] - deposit 10,000 won, not KRW 80,000,000,000 won, which is not KRW 80,000,000,000 won, but it appears to have been due to mistake in calculation) and the amount equivalent to the difference between October 31, 2019 to October 8, 2019.

3. The defendant's defense and its judgment

A. The Defendant’s defense to the effect that on November 19, 2019, the instant real estate was removed from the instant real estate and the Plaintiff was informed of the eviction on November 23, 201 and delivered the instant real estate to the Plaintiff.

B. Therefore, as alleged by the Defendant, the Defendant removed from the instant real estate on November 19, 2019, and the Plaintiff on November 23, 2019.

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