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Reasons
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(영문) 수원지방법원안양지원 2019.09.19 2019가단928
건물명도(인도)
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1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the annex;

(b) As from August 1, 2019, KRW 26,950,00 and the above.

Reasons

1. Facts of recognition;

A. The following facts are deemed to have no dispute under Article 150 of the Civil Procedure Act:

(1) On September 21, 2017, the Plaintiff entered into a lease agreement with the Defendant on the attached real estate owned by the Plaintiff (hereinafter “instant real estate”) with a deposit of KRW 50 million,000,000, monthly rent of KRW 3,500,000, and the period from October 12, 2017 to October 11, 2019 (hereinafter “instant lease agreement”). At that time, the Plaintiff handed over the instant real estate to the Defendant.

(2) The Defendant delayed the payment of rent from July 2018 while running a restaurant in the instant real estate, and on December 6, 2018, the Plaintiff notified the Defendant that the instant lease was terminated if the Plaintiff did not pay the rent of KRW 19,250,00 (including value-added tax; hereinafter the same shall apply) in arrears to the Defendant by December 15, 2018.

(3) On January 31, 2019, the Defendant continued to delay the payment of rent, and the amount in arrears by January 31, 2019 exceeded KRW 26,950,000.

B. Meanwhile, the fact that the Defendant paid the amount equivalent to the rent from February 1, 2019 to July 31, 2019 to the Plaintiff is recognized by the Plaintiff itself.

2. According to the above facts finding as to the Plaintiff’s claim, it is reasonable to view that the instant lease agreement was legally terminated on December 15, 2018 by the Plaintiff’s notice of termination on the ground of the Defendant’s delinquency in rent.

Therefore, barring special circumstances, the Defendant is obligated to deliver the instant real estate to the Plaintiff, and to pay the amount equivalent to the rent of KRW 3,850,000 per month from August 1, 2019 to the completion date of the above delivery. Therefore, the Plaintiff’s claim is accepted within the scope of such scope, and it is so decided as per Disposition.

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