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(영문) 수원지방법원 2017.02.21 2016가단40152
부동산인도
Text

1. The Defendant shall deliver the real estate in the separate sheet from December 25, 2016 to KRW 10,000,000 from the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 7, 2012, the Plaintiff and the Defendant entered into a lease agreement with the Plaintiff (hereinafter “instant lease agreement”) with the terms that the Defendant leases real estate listed in the separate sheet (hereinafter “instant real estate”) from the Plaintiff as KRW 10,000,000 during the lease period from February 24, 2012 to February 24, 2014, and KRW 10,000,000 during the lease period (hereinafter “instant lease agreement”).

B. The Defendant did not pay monthly taxes several times between February 2012 and August 2016, and reached KRW 4,900,000 in total amount of monthly taxes in arrears until August 2016.

C. On September 6, 2016, the Plaintiff notified the Defendant that the instant lease agreement was terminated, demanding the delivery of the instant real estate.

On September 27, 2016, the Defendant remitted KRW 4,200,000 among the monthly taxes unpaid to the Plaintiff, and remitted KRW 700,000 on October 25, 2016.

E. After the instant lawsuit, the Defendant paid to the Plaintiff the monthly rent up to December 2016.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-3, Eul evidence No. 1, the purport of the whole pleadings

2. According to the facts found above, the instant lease agreement was lawfully terminated according to the Plaintiff’s notice of termination on the ground that the Defendant did not pay rent.

Therefore, the defendant's assertion that the overdue charge of KRW 4,900,000 that does not reach the above deposit does not constitute the overdue charge, which is the reason for termination of the contract, on the ground that the lessee has the deposit, is not entitled to refuse to pay the rent to the lessor. However, the defendant's argument is without merit.) The defendant is obligated to receive from the plaintiff the remainder of money calculated by deducting the amount calculated by the rate of KRW 700,000 from KRW 10,000 to the completion date of delivery of the real estate in this case from December 25, 2016 to KRW 70,000 from the date of delivery of the real estate in this case.

3. The plaintiff's claim for conclusion is reasonable within the scope of the above recognition.

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