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(영문) 대구지방법원경주지원 2020.08.11 2020가단10155
건물인도
Text

1. The defendant delivers 3rd floor C among the real estate listed in the attached Table 1 list to the plaintiff, and the above real estate from January 5, 2020.

Reasons

1. On December 15, 2017, the Plaintiff leased three floors C (hereinafter “instant real estate”) among the real estate listed in the attached Table 1 list, which is a residential building, to the Defendant on a deposit basis of KRW 2 million, KRW 350,000,000, KRW 3500,000,000, KRW 550,000,000, monthly rent (hereinafter “the lease”). The Defendant paid each car to the Plaintiff as indicated in the attached Table 2’s detailed statement of payment of monthly rent, as the period from January 5, 2018 to January 4, 2020 (hereinafter “the lease”). The fact that the Defendant currently occupies the instant real estate does not conflict between the parties, or can be recognized by comprehensively taking into account the respective entries in subparagraphs 1 through 3, and the overall purport of pleadings.

According to the above facts, since the lease of this case ends on January 4, 2020, the defendant is obligated to deliver the real estate of this case to the plaintiff.

(2) Article 6 (1) of the Housing Lease Protection Act provides that the term of the lease of this case shall be renewed, unless there are special circumstances, since the defendant paid only the amount of rent for August 4, 2019 as stated in the attached Table 2, which is the end date of the lease of this case, to the extent that the lease of this case is terminated on the ground of the delinquency in payment of two or more periods, and Article 6 (3) of the Housing Lease Protection Act does not apply to the case of delinquency in payment of the amount of rent of this case. In addition, the plaintiff asserts that the lease of this case shall be terminated on the ground of the delinquency in payment of rent of the two or more periods. However, the complaint of this case, which contains the intention to terminate the lease of this case, is deemed to have expired on February 16, 2020, because the plaintiff's argument is not further determined on the plaintiff's above assertion. In addition, according to the above facts, the plaintiff was paid the real estate of this case to the plaintiff on January 4, 20202.

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