beta
(영문) 의정부지방법원 2016.09.29 2016가합54268

건물인도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Indication of claim;

A. On October 5, 2014, including the conclusion of the instant lease agreement, the Plaintiff entered into the lease agreement with the Defendant (hereinafter “instant building”) with respect to the building listed in the separate sheet (hereinafter “the instant building”) on the following terms: (a) KRW 600,000,000 (the amount of KRW 60,000,000 on October 5, 2014; (b) the intermediate payment of KRW 300,000,000 on October 15, 2014; and (c) the remainder of KRW 240,00,000 on October 30, 2014; and (d) the period of lease from November 1, 2014 to October 30, 2019 (hereinafter “the lease agreement”).

The Plaintiff delivered the instant building to the Defendant on November 1, 2014 in accordance with the instant lease agreement.

B. After the Defendant’s default payment of KRW 60,00,000 for down payment at the time of entering into the instant lease agreement, the Defendant did not pay the intermediate payment and the balance to the Plaintiff, and did not pay any rent at all.

C. The Plaintiff terminated the instant lease agreement with the service of a duplicate of the complaint of this case as follows: “The Defendant’s delay in rent for at least two years is well-grounded.”

The Defendant’s duty to deliver the instant building was terminated lawfully.

Therefore, the Defendant is obligated to deliver the instant building to the Plaintiff upon the termination of the instant lease agreement.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;