beta
(영문) 서울동부지방법원 2015.05.21 2014가단49334

건물인도 등

Text

1. Defendant C each of the marks 2, 3, 4, 5, and 2 in the attached Form No. 2, 3, 4, 5, and 2 among the 1st floor of the building indicated in the attached Table.

Reasons

1. Basic facts

A. On January 30, 2013, the Plaintiff (Appointed Party, hereinafter “Plaintiff, etc.”) and the designated parties (hereinafter “Plaintiff, etc.”) entered into a lease agreement with Defendant C, and the Plaintiff, etc. entered into between KRW 12 million, monthly rent of KRW 1320,00 (including additional tax, KRW 18,000,000) and December 31, 2014 with the lease term fixed for 22 months from February 18, 2013 to December 31, 2014 (hereinafter “instant lease agreement”). Defendant C, upon delivery of the leased object of this case on February 18, 2013, was using the leased object in this case with Defendant D and Dong business until now.

The Defendants are running real estate brokerage business in the name of “same real estate” from the leased object of this case.

B. Defendant C delayed the payment of rent on August 2014 and September 2014. While filing the instant lawsuit, the Plaintiff et al. expressed his/her intent to terminate the instant lease contract due to the lessee’s delay in payment twice the rent. The said warden served on the Defendant on October 16, 2014.

C. According to Article 4 of the instant lease agreement, at the time of the lease agreement, the lessor agreed that the lease agreement may immediately terminate this agreement if the lessee’s delayed rent reaches the two-term rentals.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3 (including virtual number), and the purport of the whole pleadings.

2. According to the above facts finding as to the cause of the claim, the lease contract of this case was lawfully terminated by Defendant C’s declaration of termination through the delivery of the complaint of this case on the grounds that Defendant C did not pay more than two rents, and barring any special circumstance, Defendant C transferred the leased object to the Plaintiff, etc. to its original state in accordance with the lease contract of this case, and Defendant D, without any title, who occupies the leased object of this case.