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(영문) 수원지방법원 성남지원 2021.01.27 2020가단231149
건물인도
Text

The Defendant

(a) deliver the buildings listed in the separate sheet;

(b) buildings described in paragraph (a) from October 11, 2020 to paragraph (1);

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 2, 4, and 6, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “the instant officetel”) to the Defendant around January 6, 2020 by setting the period from January 10, 2020 to January 10, 2021. The Defendant was in arrears for five months from October 10, 2020, and the Defendant’s delivery of five months to October 6, 2020, which proves that the Plaintiff terminated the lease contract by sending it to the Defendant on October 6, 2020.

B. According to the above facts, the instant officetel lease contract was terminated due to the Defendant’s delinquency in rent, based on the determination on the delivery of the instant officetel, rent, unjust gains, and management expenses.

Although the defendant asserts to the effect that he seeks an understanding on the delayed payment of rent within the scope of the lease deposit, it cannot refuse the payment of rent to the plaintiff on the ground of such argument, and cannot set up against the termination of the lease contract.

2) Therefore, the Defendant is obligated to deliver the instant officetel to the Plaintiff: (i) deliver the instant officetel; (ii) pay to the Plaintiff the delayed damages calculated at the rate of KRW 3,750,000 per annum as stipulated in the Civil Act from November 1, 2020, which is the date following the date of delivery of the complaint for the instant officetel, to November 27, 2021, which is the date when the Defendant rendered a substantial decision to dispute over the existence and scope of the obligation; and (iii) pay the delayed damages calculated at the rate of KRW 12 per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the following day to the date of full payment; and (iv) pay the amount equivalent to the rent calculated at the rate of KRW 750,00 per month from October 11, 202 to the date of completion of delivery of the instant officetel.

3) The Plaintiff is also seeking management expenses in arrears in August 7, 2020, 329,650 won, and 155,000 won per month from October 1, 2020 to the completion of delivery of the instant officetel. However, according to the evidence evidence No. 3, the Defendant is also seeking management expenses in arrears.

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