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(영문) 수원지방법원성남지원 2020.07.09 2020가단203434
건물인도
Text

The Defendant, as the Plaintiff

(a) the 2nd floor of the ordinary steel structure sloping roof, among the real estate listed in the attached list;

Reasons

1. Basic facts

A. On November 16, 2016, the Plaintiff leased the first floor of the attached building on real estate listed in the attached Table list to the Defendant as KRW 20,000,000, monthly rent of KRW 2,000 (excluding value-added tax), and the period from November 30, 2016 to November 30, 2018.

B. On January 1, 2017, the Plaintiff leased the two-story attached to the real estate listed in the attached list to the Defendant, without a deposit, by setting the monthly rent of KRW 700,000 (excluding value-added tax) and the period from January 1, 2017 to January 1, 2019.

C. From November 2017, the Defendant did not pay the rent from November 1, 2017, and from January 12, 2017 to July 2018, the Defendant paid the rent for 4-month from November 2017 to February 2018, and again paid KRW 70,000 on September 18, 2019.

On November 30, 2018, the Plaintiff sent each of the above real estate lease agreements by content-certified mail to the effect that the contract will be terminated on the grounds of the Defendant’s delinquency in rent, and at that time, the mail reaches the Defendant.

E. On September 30, 2019, the Defendant delivered the Plaintiff the first floor of the attached building of the real estate indicated in the attached list.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, purport of the whole pleadings

2. Determination

A. According to the fact of recognition of the above claim for extradition of real estate, the real estate lease agreement between the plaintiff and the defendant on the real estate stated in the separate sheet between the defendant was legally rescinded upon the plaintiff's declaration of intention to terminate the contract for reasons of delinquency in rent for more than three years.

Therefore, the defendant is obligated to deliver two floors among the affiliated buildings of the real estate listed in the attached list to the plaintiff.

B. According to the above facts of recognition of the above recognition, the Defendant is either the rent or rent calculated by the ratio of KRW 70,000 out of the rent for March 2018 and KRW 2,970,000 from April 2018 to September 2019, and the rent or rent calculated by the ratio of KRW 770,000 from October 2018 to September 2019.

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