beta
(영문) 인천지방법원 2017.03.23 2016가단238600

건물명도

Text

1. The Defendant shall have the 860 square meters per floor in a single-story factory on the steel framed roof, among the real estate listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 30, 2012, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with the Defendant and the Plaintiff with regard to the lease deposit of KRW 65,00,000,000, monthly rent, KRW 8,580,000, and the term of lease from April 1, 2012 to March 31, 2014, with regard to the one-story 860 square meters at a single-story factory in a single floor, among the real estate listed in the attached list, and delivered the instant building.

After that, the instant lease agreement was extended until March 31, 2018.

B. In the instant lease agreement, the lessor agreed that the lessee may immediately terminate the contract in the event that the lessee fails to pay a monthly rent at least twice a month.

C. The Plaintiff, from March 31, 2014 to July 31, 2016, declared that the instant lease agreement was terminated on the grounds that the Defendant failed to pay a total of KRW 42,789,920, by serving a duplicate of the instant complaint. The duplicate of the instant complaint reached the Defendant on September 8, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, 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 lawfully terminated on September 8, 2016 by the Plaintiff’s declaration of termination on the ground of the failure to pay rent for at least two years, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff.

3. The defendant's argument regarding the defendant's assertion that "the remaining amount remains after paying a substantial portion of the rent in arrears claimed by the plaintiff, and the remaining amount was paid on October 27, 2016." However, there is no evidence to acknowledge the above argument, and the defendant's argument is without merit.

4. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.