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(영문) 수원지방법원성남지원 2017.09.15 2017가단1089

건물인도 등

Text

1. The Plaintiff:

A. Defendant B shall be subject to indication 1, 2, 3, 4 and 1 of the annex No. 1 drawings among the first floor of the building listed in the annex No. 1.

Reasons

Basic Facts

- On November 3, 2015, the Plaintiff leased the leased deposit of KRW 7,00,000,000, monthly rent of KRW 40,000, monthly rent of KRW 400,00, monthly rent of KRW 14, November 14, 2015, and from November 13, 2017 to Defendant B’s rent of KRW 2,00,00,000, in the first floor of the building listed in the attached list owned by the Plaintiff (hereinafter “instant lease”). In the event that Defendant B is in arrears of at least two, the Plaintiff may terminate the instant lease contract.

- Although the Plaintiff urged Defendant B to make multiple calls on September 19, 2016, the Plaintiff was not paid at all after the first payment of only one time as Defendant B was in arrears, and the Plaintiff sent a certificate of content to the effect that the instant lease contract will be terminated unless it is paid by September 24, 2016, and that it reached the Defendant B around that time.

- At present, Defendant C resides in the instant house.

[Grounds for recognition] In light of the above facts, it is reasonable to view that the lease contract of this case was lawfully terminated due to the plaintiff's notice of termination on the ground of delay in rent for at least two years of the defendant B, and barring any special circumstance, the defendant B is obligated to deliver the house of this case to the plaintiff, barring any special circumstance.

Next, Defendant B did not pay rent from January 14, 2016. The fact that Defendant C paid the Plaintiff the rent of KRW 1,600,000 for a four-month period is no dispute between the parties, and the Plaintiff was appropriated from the rent from January 14, 2016 to May 13, 2016, which first comes due. Unless there are special circumstances, Defendant B paid to the Plaintiff the rent of KRW 1,60,000 from May 14, 2016 to May 13, 2016.