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(영문) 서울중앙지방법원 2021.02.19 2020가단5103316
건물인도
Text

1. The defendant shall be the plaintiff.

(a) deliver 24.5152 square meters of reinforced concrete structure in Jung-gu Seoul Metropolitan Government building D, Jung-gu, Seoul;

(b) 1.3.

Reasons

1. Facts of recognition;

A. (1) On June 22, 2019, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the terms that the Plaintiff leased KRW 5,00,000,000, monthly rent, KRW 690,000, and the period from June 22, 2019 to June 21, 2021, with the content that the Plaintiff leased the Defendant with the concrete structure of 24.5152 square meters (hereinafter “instant building”).

2) The main contents of the instant lease agreement relating to the instant case are as follows.

(1) Where a lessee commits any of the following acts, a rental business operator may cancel or terminate this contract, or refuse to renew the lease contract:

3. Where rent is in arrears for not less than three consecutive months, Article 13 (Cancellation or Termination of Contracts) (1) Where the terms and conditions of a contract and any of the following grounds arise, the lessor may refuse to cancel or renew the contract, upon written notification to the lessee, by the lessor:

2. Where the amount in arrears of a lessee's rent falls on the amount of rent for three months (where the amount in arrears falls on the amount of rent for three months because the lessee fails to pay the accumulated rent for three months) ① after entry into a special agreement under Article 16 (Unlawful Residential Compensation) (1) of the special agreement, if the lessor cancels or damages this contract due to the reasons under Article 10 of the terms and conditions of the contract and Article 13 (1) of the special agreement, the lessee shall restore the house to the original state and order the lessor to do so within one month, and shall pay the lessee all the charges, such as rent and management fee from the date of cancellation or termination to the date of clarification.

If the lessee does not know within one month from the date of cancellation or termination, 50% of the rent shall be added to all the charges such as the rent and management fee from the date one month has passed to the date of the order of the house, penalty under the special agreement, etc.

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