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(영문) 춘천지방법원 2018.06.19 2017가단5085

건물인도 등

Text

1. Defendant B:

(a) deliver one story 123.02 square meters of buildings listed in the attached list;

B. 13.9 million won and April 2017.

Reasons

1. Claim against the defendant B

A. In fact, Defendant B entered into a lease agreement with the following terms: (a) around March 1, 2014; (b) around KRW 123.02 square meters of the 1st floor among the buildings listed in the attached list owned by D (hereinafter “instant building”); (c) the lease deposit amount of KRW 15 million; (d) KRW 90,000 per month in rent; and (e) the lease term of KRW 15 million from March 15, 2014 to March 14, 2016 (hereinafter “instant lease agreement”); and (d) the instant building is occupied and used.

On September 25, 2014, the Plaintiff purchased buildings listed in the attached list from D and completed the registration of ownership transfer in the future of the Plaintiff.

As Defendant B was in arrears, the Plaintiff agreed to deduct the sum of the rent in arrears between Defendant B and Defendant B from the lease deposit and set the lease deposit at KRW 10 million.

On May 2016, the Plaintiff agreed to raise the rent of the instant lease agreement with Defendant B as KRW 1 million per month.

Defendant B’s delinquency in paying the rent from June 2016, and the sum of the rent in arrears until November 29, 2017 is KRW 23.9 million.

On August 31, 2017, the Plaintiff notified Defendant B of the termination of the instant lease agreement on the ground of delinquency in rent by content-certified mail.

The content-certified mail reached the defendant around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, Eul evidence 1, the purport of the whole pleadings

B. On September 25, 2014, the Plaintiff succeeded to the lessor’s status by acquiring ownership of the instant building from D, and the instant lease agreement was terminated by the Plaintiff’s notice of termination on August 31, 2017, on the ground of Defendant B’s rent delay.

Therefore, Defendant B is obligated to deliver the instant building to the Plaintiff, and as requested by the Plaintiff, KRW 13.9 million remaining after deducting the lease deposit of KRW 10 million from the sum of the rent in arrears of Defendant B 2,3.9 million, and KRW 1 million per month from November 30, 2017, which was after the termination of the instant lease agreement, until the completion of delivery of the instant building.