(영문) 의정부지방법원고양지원 2020.06.17 2019가단100489

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(영문) 의정부지방법원고양지원 2020.06.17 2019가단100489

건물인도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) 5,093,000 won and as regards it, 2020.

Reasons

1. Facts of recognition;

A. On May 6, 2017, the Plaintiff entered the instant apartment in the lease deposit of KRW 10 million and KRW 80,000,000 per month (in the lease agreement of KRW A, KRW 2,00,00,000,000) on the following grounds: (a) on the other hand, according to the respective entries and arguments in subparagraphs 3 and 5, it is recognized that there was an implied agreement between the Plaintiff and the Defendant to reduce the rent of KRW 80,00 per month; (b) on the other hand, the Plaintiff’s assertion against such agreement is not accepted); and (c) on the other hand, from June 7, 2017 to June 6, 2019 (hereinafter “the lease of this case”); and (d) around that time, the Plaintiff transferred the instant apartment to the Defendant.

B. According to the instant lease agreement, the Defendant shall pay the rent of KRW 80,000 in advance on the 7th day of each month, and bear public charges, such as management expenses, etc., and if the Defendant fails to pay the rent more than twice, the Plaintiff may terminate the lease agreement.

C. The Defendant, while occupying and using the instant apartment upon delivery, did not pay KRW 4,800,000 for the remaining six-year rent, with only KRW 19,20,000 out of the sum of the rent for 30 months from June 7, 2017 to December 6, 2019 (i.e., KRW 800,000 x 30 months).

In addition, the defendant did not pay 293,000 won for the management expenses as of December 12, 2019, which was imposed on the apartment of this case.

The Plaintiff notified the Defendant of his intention to terminate the instant lease agreement on the grounds of the delinquency in rent by serving a duplicate of the instant complaint.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. The assertion and judgment

A. According to the above facts, since the lease contract of this case was lawfully terminated on the grounds of the defendant's delinquency in rent of more than two years, the defendant delivered the apartment of this case to the plaintiff, and the defendant delivered the apartment of this case to the plaintiff, and the total of KRW 5,093,000 (= KRW 4,800,000) and the copy of the complaint of this case shall be served.

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