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(영문) 인천지방법원 2021.03.17 2020가단22185
건물인도등
Text

1. The defendant shall be the plaintiff.

(a) Of the first floor of the building listed in the separate sheet, each point of Annex 1, 2, 3, 4, and 1.

Reasons

1. According to the evidence evidence evidence evidence Nos. 1 and 2 of this case, on May 9, 2019, the fact that the Plaintiff paid the part of the building stated in the port No. 1-A of this case (hereinafter “instant building”) to the Defendant on May 1, 2019, with the lease deposit of KRW 10,000,000, monthly rent of KRW 1,000 (excluding the post-payment on January 1, 201), and the lease period of KRW 1,00,000 (hereinafter “instant lease”) from June 1, 2019 to 24 months (hereinafter “the instant lease”), the Defendant’s total sum of KRW 4,197,000 to the Plaintiff (hereinafter “the instant lease”). The fact that the Plaintiff paid KRW 1,020,00,000, KRW 1,000, KRW 1,000, KRW 30, Oct. 27, 2010;

The plaintiff was a person who received the above money as a rent under the lease contract of this case at the first hearing date.

2. Determination

A. According to the cited facts, the Defendant did not pay the remainder of KRW 14,503,00,000, which remains after subtracting the above KRW 4,197,00 from the monthly rent of KRW 18,70,000 (including value added tax) for the 17th month from June 1, 2019 to November 17, 2020.

The fact that the complaint of this case containing the Plaintiff’s declaration of intention to terminate the instant lease agreement on February 11, 2021 is apparent in the record that it was delivered to the Defendant on February 11, 2021, and thus, the instant lease agreement was lawfully terminated around February 11, 2021.

It is reasonable to view that the Plaintiff sent to the Defendant, on August 18, 2020, a certified mail containing an expression of intent to terminate the instant lease agreement, but there is no evidence to acknowledge that the said mail has reached the Defendant). Meanwhile, it is ratified as KRW 1,100,000 each month, even after the termination of the instant lease agreement.

Therefore, the Defendant delivers the instant building to the Plaintiff, and ② pays the unpaid rent of KRW 14,503,00 to November 1, 2020, and ③ the rent or the rent equivalent to the rate of KRW 1,100,000 per month from November 2, 2020 to the completion date of delivery of the said building.

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