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(영문) 대전지방법원 2021.03.18 2020가단119353
건물인도
Text

The Defendant, as the Plaintiff

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

B. 811,250 Won and as regards this, February 2021

Reasons

1. Facts of recognition;

A. On November 8, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease real estate (hereinafter “instant real estate”) listed in the attached Table, with the term of lease from December 6, 2018 to December 6, 2020, with the lease deposit amount of KRW 5,000,000, monthly rent of KRW 550,000 (prepaid payment on every 20th day), and delivered the instant real estate to the Defendant at that end.

B. The Defendant paid to the Plaintiff the monthly rent stipulated in the instant lease agreement until May 31, 2019, and paid only KRW 3,50,000,000 on July 1, 2019, and KRW 600,000 on September 2, 2019, and KRW 600,000 on October 1, 2019, and KRW 612,227 on December 2, 2019, and KRW 60,000 on February 1, 2020, and KRW 60,000 on March 1, 2020, and KRW 3,562,227 on March 1, 200.

(c)

On April 21, 2020, the Plaintiff sent to the Defendant a certificate to the effect that “the instant lease agreement is terminated because the Defendant did not pay a monthly rent for at least two months,” which was served on the Defendant.

Meanwhile, between July 1, 2019 and April 21, 2020, the monthly rent of KRW 5,921,666 [=5,50,00 won = 550,000 won per month x 10 months] 421,666 (50,000 won per month x 21/30 days x 21/30 days) of the instant lease agreement between July 1, 2019 and April 21, 202] As such, the monthly rent of KRW 2,359,439 (=5,921,666 - 3,562,27 won) of the instant lease agreement, which was delayed as of April 21, 2020, exceeds KRW 10,100,000 per month as stipulated in the instant lease agreement.

(d)

Since then, the Defendant paid to the Plaintiff KRW 1,200,000 on May 1, 2020, KRW 650,000 on June 30, 2020, KRW 31,550,00 on July 31, 2020, and KRW 1,100,00 on August 31, 2020.

E. As of February 27, 2021, the unpaid management expenses and the public charges and charges for the real estate in this case are KRW 811,250.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 10, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant lease agreement was terminated on April 21, 2020 on the grounds of the Defendant’s delinquency in rent for at least two months, and thus, the Defendant’s real estate in this case is the Plaintiff.

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