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(영문) 부산지방법원서부지원 2020.11.25 2020가단2401
건물인도
Text

The defendant shall deliver to the plaintiff the real estate listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On November 7, 2019, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as follows.

- A lessor: The plaintiff, the lessee: the defendant - the deposit amount of KRW 20 million; the rent amount of KRW 3 million: - the period: from November 15, 2019 to November 14, 2021 - Article 4 / The lessor may terminate this contract without delay if the overdue charge of the rent of the lessee falls short of the amount of the rent of the second period or violates Article 3 (Change of Use and Sub-lease, etc.).

B. On November 15, 2019, the Plaintiff delivered the instant real estate to the Defendant under the instant lease agreement.

C. From January 2020, the Defendant delayed the payment of monthly rent under the instant lease agreement, and on February 16, 2020, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the monthly rent was not paid for more than two months.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the instant lease contract was lawfully terminated on the grounds of the Defendant’s delinquency in monthly rent, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstance.

3. As to the judgment on the Defendant’s assertion, the Defendant concluded the instant lease agreement on the condition that the Plaintiff and the Defendant use the instant real estate as the front end of the instant real estate. Accordingly, the Defendant installed a container at the front end of the instant real estate and used it as the office, and the Plaintiff suffered inconvenience in arbitrarily transferring containers to the instant real estate, and the Plaintiff was unable to close and use the instant real estate. However, there is no evidence to acknowledge the Defendant’s assertion.

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