(영문) 대구지방법원 김천지원 2021.01.22 2020가합202

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(영문) 대구지방법원 김천지원 2021.01.22 2020가합202

건물인도 등

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1. The defendant shall be the plaintiff.

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

B. 3,850,000 won and its related amount October 2020

Reasons

1. Basic facts

A. A. Around April 2020, the Defendant agreed to lease the real estate (hereinafter “instant real estate”) indicated in the attached list owned by the Plaintiff from April 2020 to June 30, 2021, with the lease deposit of KRW 30,000,000, monthly rent of KRW 350,000 (including value-added tax; hereinafter “the first day payment”).

B. From May 2020 to September 2020, the Defendant delayed to pay the difference of five percent.

(c)

The defendant currently occupies the real estate of this case and continues the factory business.

[Grounds for Recognition] Uncontentious Facts, Gap evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. We examine whether the above lease contract was lawfully terminated as to the cause of the claim, and the plaintiff filed the lawsuit of this case, and the defendant did not pay the difference between May 1, 2020 and May 5.

As seen earlier, the Defendant asserted that the said rent was in arrears. As such, the above lease agreement was legally terminated on October 5, 2020, where the duplicate of the complaint of this case, stating the Plaintiff’s declaration of termination of the contract on the ground of the foregoing delinquency in rent, reaches the Defendant.

Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff, (i) the plaintiff, (ii) the other 3,850,000 won (=3,850,000 won (3,850,000 won x 5 months) - 15,40,000 won - the delivery of the copy of the complaint of this case sought by the plaintiff, and the delayed damages calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 6, 2020 to the day of full payment, which is calculated from May 1, 2020 to October 30, 2005, respectively.

3. The defendant's assertion is operated by C upon the request of C. (i).

유사 판례

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