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(영문) 인천지방법원 2019.10.16 2019가단214056
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

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

(b) Paragraphs 1-A from October 22, 2019 to 1-A.

Reasons

1. Facts of recognition;

A. On August 13, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 10,00,000, KRW 750,000 per month, and the lease term from August 22, 2018 to August 21, 2020 (hereinafter “instant lease agreement”).

B. As the Defendant paid only the first half of the rent and did not pay the rent from September 22, 2018, the Plaintiff expressed through a duplicate of the instant complaint that the instant lease contract will be terminated on the grounds of more than two-year rent delay. The duplicate of the instant complaint was served on the Defendant on May 22, 2019.

C. The Defendant paid KRW 3,00,000,000 as of May 31, 2019, and KRW 3,000,00 as of June 14, 2019, in arrears, during the instant lawsuit, and paid the rent from July 2019 to September 2019.

[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 through 2, Eul's evidence No. 1-1, 2, and 3, and the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the instant lease contract was lawfully terminated and terminated.

As such, the Defendant, a lessee, is obligated to deliver the instant building to the Plaintiff, and is obligated to return unjust enrichment from September 22, 2019 to September 750,000 won per month from the date of delivery of the instant building.

As to this, the defendant paid all the overdue rent to the defendant, and the lease contract of this case cannot be terminated on the ground of overdue rent, since the lease deposit is fully secured by the total rent up to the expiration date of the contract period.

However, as long as the lessee has failed to pay the rent more than 2 years, the lessor's right to terminate the contract has occurred due to the delayed payment of the rent under the instant lease contract, and such lessor's right to terminate the contract is trusted due to the repetition of the lessee's right to terminate the contract.

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