건물명도(인도)
1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
3.
1. Basic facts
A. On July 11, 2018, the Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant apartment”), entered into a lease agreement with the Defendants on a deposit of KRW 10 million, monthly rent of KRW 500,000, monthly rent of KRW 500,00, and from August 1, 2018 (hereinafter “instant lease agreement”).
B. However, the Defendants did not pay the rent after paying the monthly rent up to December 2018, but did not pay the rent any more after remitting the sum of the monthly rent from January 24, 2019 to April 2019.
C. On August 16, 2019, a duplicate of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of delinquency in monthly rent was sent to Defendant B, and Defendant C, respectively, on October 10, 2019.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of the judgment as to the cause of the claim, the lease contract of this case was lawfully terminated by delivering a copy of the complaint of this case, including the plaintiff's declaration of termination on the ground of the defendants' delinquency in rent, to the defendants. Thus, the defendants are obliged to deliver the apartment of this case to the plaintiff.
B. Defendant B’s assertion is alleged to the effect that Defendant B’s failure to pay the monthly rent is not due to the Plaintiff’s failure to repair the front and rear bend part of the damaged part that was undertaken at the time of the contract. However, there is no evidence to acknowledge the damage, acceptance promise, and further, whether the damage may interfere with the use and profit-making of the apartment of this case as alleged above, and thus, Defendant B’s above assertion is rejected.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.