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(영문) 대전지방법원 2020.11.19 2019가단136901
건물인도
Text

Defendant (Appointed Party) and Appointed Party D shall be from 615,340 to 615,340 to 13, 2020.

Reasons

Basic Facts

A. On April 8, 2019, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant apartment”) owned by Defendant (Appointed Party) with the term from May 13, 201 to May 12, 202, by setting the lease deposit amount of KRW 10 million, KRW 650,000 per month (pre-payment on May 13, 201), and the lease term from May 13, 2019 to May 12, 2020.

(hereinafter “instant lease agreement”). Article 4 of the instant lease agreement states that “If the rent in arrears of a lessee exceeds the rent of two years, the lessor may terminate the instant lease agreement.”

B. On May 14, 2019, the Defendant (Appointed Party) paid the full amount of the lease deposit to the Plaintiff, and around that time, occupied the instant apartment, and the Appointor D, who was the Defendant (Appointed Party), was moving into the instant apartment on May 27, 2019.

C. Since Defendant (Appointed Party) delayed the payment of KRW 500,000 out of the rent of August 2019, the Plaintiff did not pay that subsequent rent to the Plaintiff.

Accordingly, on October 11, 2019, the Plaintiff sent content-certified mail demanding the payment of unpaid amount by October 20, 2019, since the Plaintiff is in arrears with the amount of KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

After that, Defendant (Appointed Party) did not pay 650,000 won to the Plaintiff for the rent of October 2019.

On November 14, 2019, the Plaintiff sent a content-certified mail stating that the instant lease agreement is terminated, on the ground that the Defendant (Appointed Party) was in arrears with the total amount of KRW 1.8 million from August 14, 2019 to October 2019. On November 18, 2019, the content-certified mail sent to the Defendant (Appointed Party).

E. The Defendant (Appointed Party) did not pay the Plaintiff a rent or rent, and the Defendant (Appointed Party) and the Appointed Party D did not pay the Plaintiff a reasonable amount of unjust enrichment after receiving the Plaintiff’s delivery of the content-certified mail as of October 11, 2019. After the Plaintiff’s notice of termination, the Defendant (Appointed Party) and the Appointed did not pay the Plaintiff a rent or rent.

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