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(영문) 서울서부지방법원 2018.09.28 2017가단241539

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Assertion and determination

A. In addition to the purport of the entire pleadings in the statement in the evidence Nos. 1 through 5, the Plaintiff entered into a lease agreement (the instant lease agreement) with the Defendant on August 24, 2016 with respect to the real estate listed in the separate sheet (the instant real estate) as to the deposit deposit amounting to KRW 8,070,000, monthly renting KRW 45,000, and the lease terming to August 31, 2018. Article 10(1)4 of the instant lease agreement provides that the Plaintiff may terminate the contract or refuse to renew the lease agreement if the Defendant has been in arrears for at least three consecutive months. The Defendant delayed the payment of monthly rent to the Plaintiff after April 2, 2017, and the Plaintiff appears to have reached each of the Defendant’s notice of termination of the lease agreement on the grounds of delinquency by content-certified mail to the Defendant on August 22, 2017.

Therefore, the instant lease contract was lawfully terminated by the notice of termination.

Therefore, the defendant is obligated to deliver the real estate of this case, which is the object leased, to the plaintiff.

B. As to this, the defendant was arrested and detained during the lease period and was unable to conduct financial transactions. After receiving the written complaint of this case, the defendant paid part of the overdue rent and management expenses, and the remainder is expected to be repaid in installments. Thus, the defendant cannot respond to the plaintiff's claim. However, the above circumstance alone was that the defendant's delay in monthly rent was due to force majeure.

Inasmuch as the notification of termination by the Plaintiff cannot be deemed unlawful, the above argument by the Defendant is without merit.

2. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.