beta
(영문) 서울북부지방법원 2016.05.17 2016가단103696

건물명도

Text

1. The Plaintiff:

A. The Defendants deliver the real estate listed in the separate sheet;

B. The Defendants each amounting to KRW 1,600,000.

Reasons

1. Facts of recognition;

A. On October 5, 2015, the Plaintiff entered into a lease agreement with Defendant B with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) with the lease deposit of KRW 10 million, monthly rent of KRW 800,000 (payment on the 15th of each month) and the lease term of KRW 15,000,000 (payment on the 15th of each month), from October 15, 2015 to October 15, 2016 (hereinafter “instant lease agreement”), and the Defendant C agreed to actually reside.

B. After receiving the instant real estate, the Defendants paid KRW 2.4 million to the Plaintiff on February 3, 2016, and thereafter paid KRW 800,000 to the Plaintiff.

C. From December 2015, the Plaintiff sent the intent to terminate the said lease agreement to Defendant C with text messages, and sent on January 25, 2016, to the Defendants a certificate of the content that the said lease contract is terminated on the grounds of two or more occasions of delinquency in payment of rent, and around that time, the above content certification reached the Defendants.

[Ground for Recognition] Defendant B: The fact that there is no dispute over Defendant C, Gap evidence Nos. 1 through 5, Eul evidence No. 1, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was terminated by the Plaintiff’s declaration of termination on the ground of the Defendants’ failure to pay two or more rents. Therefore, the Defendants are obligated to deliver the instant real estate to the Plaintiff, barring any special circumstances, and to pay the Plaintiff the amount equivalent to the amount of overdue rent of KRW 1.6 million for six months from October 15, 2015 to April 15, 2016 as a joint lessee (3.2 million won paid by the Defendant) and the amount of overdue rent of KRW 4.8 million from April 16, 2016 to April 15, 2016, calculated at the rate of KRW 800,000 per month from April 16, 2016 to the completion of delivery of the said real estate.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.