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(영문) 광주지방법원 2020.07.30 2020가단505129
건물인도
Text

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

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

3...

Reasons

1. Determination on the cause of the claim

A. 1) On September 18, 2019, the Plaintiff and the Defendant indicated on the attached list owned by the Plaintiff (hereinafter “instant real estate”).

(1) The contract under which the Defendant is to lease (hereinafter “instant lease contract”) to the Defendant

A) Around that time, the Plaintiff and the Defendant delivered the instant real estate to the Defendant. (2) The Plaintiff and the Defendant concluded a lease agreement by setting the lease deposit amount of KRW 50 million per month and KRW 3 million per month. The instant lease agreement states that when the Defendant concludes a contract, the Defendant paid KRW 9 million out of the lease deposit to the Plaintiff, and that the remainder KRW 41 million is paid on November 30, 2019.

3) The Defendant did not pay KRW 41 million out of the lease deposit to the Plaintiff. On January 10, 2020, the Plaintiff’s representative sent a text message demanding the Defendant’s representative director to pay the lease deposit. 4) On February 12, 2020, the Plaintiff paid KRW 41 million the remainder of the lease deposit to the Defendant within three days from the date of receipt of content-certified mail, and if not, sent the content-certified mail proving that the instant lease will be terminated, and the said content-certified mail sent to the Defendant around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

B. According to the above facts, the lease contract of this case was lawfully terminated due to the Defendant’s nonperformance of obligation not paying the lease deposit, and the Defendant is obligated to deliver the real estate of this case to the Plaintiff.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion 1) D Co., Ltd. operated by the Plaintiff’s husband C, etc. by the Plaintiff’s representative did not pay KRW 41,210,394 to the Defendant the settlement amount of fixed land sales. 2) The Defendant urged the Defendant to pay the settlement amount of fixed land sales, and the Plaintiff’s side paid the lease deposit amount of KRW 50,000.

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