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(영문) 인천지방법원 2021.02.04 2019가단268350
건물인도
Text

The Defendant, as the Plaintiff

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

B. From May 25, 2018, the foregoing paragraph (a) is described.

Reasons

1. Basic facts

A. On October 1, 2015, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as specified on October 1, 2015 by setting the lease deposit of KRW 3 million, monthly rent of KRW 200,000 (after October 25, 2015), and the lease term from October 25, 2015 to October 24, 2017 (hereinafter “instant lease agreement”). The Defendant paid the lease deposit to the Plaintiff at that time and received the instant real estate and resided until now.

The instant lease agreement was renewed once thereafter.

B. On May 25, 2018, the Defendant delayed payment of the rent from May 25, 2018, and the Plaintiff, on October 25, 2019, issued an order to the Defendant to the effect that “the instant lease contract is terminated on the grounds of overdue rent.”

The above notification reached the defendant on October 28, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 7, 8, Eul evidence No. 1, the purport of the whole pleadings

2. According to the allegations and the facts of recognition as above, the instant lease agreement was lawfully terminated on October 28, 2019 according to the Plaintiff’s notice of termination on the grounds of not less than two years of arrears, barring any special circumstance, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and pay the unpaid rent or unfair profit equivalent to the rent, calculated at the rate of KRW 200,000 per month from May 25, 2018 to the completion date of delivery of the said real estate.

Around November 10, 2015, the Defendant decided to construct a Docking and lap board before moving in, but the construction was delayed, and thereafter moved in from November 10, 2015. Since mycoto, vegetables, the occurrence of vegetables, the occurrence of vegetables, the breakdown caused by boiler aging, and the installation of a pande and a pande pande, it is impossible for the Plaintiff to respond to the Plaintiff’s claim, and the instant lease agreement was concluded. Rather, the Defendant should be paid food expenses, boiler replacement expenses, and studio dwelling expenses, but the evidence Nos. 3 through 12 of this case is respectively.

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