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(영문) 수원지방법원 2020.08.20 2020가단525667
건물인도
Text

The Defendant, as the Plaintiff

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

B. 13,600,000 won and June 21, 2020

Reasons

1. Facts of recognition;

A. On August 7, 2017, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 1,100,000 ( late payment each month) and the lease term of KRW 20,00,000, from August 20, 2017 to August 19, 2018.

B. Under the instant lease agreement, the Defendant paid KRW 10,000,000 to the Plaintiff and began to occupy and use the instant real estate upon delivery.

C. After the lapse of the term of the instant lease agreement, the Plaintiff sent to the Defendant, on March 2020, a content-certified mail containing the Defendant’s declaration of termination of the instant lease agreement (hereinafter “instant termination declaration”) on the ground of the following: (a) although the term of the instant lease agreement was explicitly renewed and continued, the Defendant delayed payment of about ten (10) months; and (b) around March 2020, the Plaintiff sent it to the Defendant; and (c) reached the Defendant.

As of the date of closing argument of this case, the Defendant occupies and uses the instant real estate as of June 20, 202, and the sum of the unpaid monthly rent and unjust enrichment equivalent to the rent, as of June 20, 2020, is KRW 13,600,000.

【Ground of recognition】 Evidence Nos. 1 through 8, Eul Nos. 1 and 2 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the facts of the above recognition, the instant lease agreement was lawfully terminated and terminated by the indication of intention of termination of the instant case.

I would like to say.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and (2) to pay the amount equivalent to KRW 13,600,000 per month from June 21, 2020 to the completion date of delivery of the instant real estate, with the amount equivalent to KRW 1,100,000 per month from June 21, 2020.

3. The plaintiff's claim of this case is justified.

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