beta
(영문) 인천지방법원 2015.11.11 2015가단40073

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the real estate listed in the separate sheet;

(b) As from September 2, 2015, KRW 16,500,00 and above.

Reasons

1. Facts of recognition;

A. On March 11, 2011, a lease agreement was concluded between C and the Defendant, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) and the lessee under the following terms and conditions (hereinafter “instant lease agreement”).

Lease term: From March 2, 2011 to March 1, 2013, the lease deposit: 5,000,000 won: 50,000 won (payment by January 2, 201), monthly, 500,000 won (payment by January 3, 201) shall be paid in advance in advance to the lessor as management expenses each month, including the water supply tax, public electricity fee, and stairs cleaning cost, and 20,00 won each month.

B. On May 9, 2011, the Plaintiff purchased the instant real estate from C, and completed the registration of ownership transfer on June 3, 201, the Plaintiff succeeded to the lessor’s status under the instant lease agreement.

Since then, the lease contract of this case has been implicitly renewed even after the expiration of the original lease term.

C. As stipulated in the instant lease agreement, the Defendant paid KRW 5,500,000 to the Plaintiff in addition to paying KRW 5,000 and KRW 5,000,000 for the lease deposit for ten months as stipulated in the instant lease agreement (i.e., KRW 5,000 on January 30, 2012 (i.e., KRW 50,000 on January 30, 2012), ② KRW 3,000,000 on January 16, 2014, KRW 300 on January 28, 2014, ④ KRW 1,000 on June 4, 2014).

The Plaintiff did not pay two or more times of arrears, and the Plaintiff expressed his/her intent to cancel the instant lease agreement by serving a duplicate of the complaint of this case, and the duplicate of the complaint of this case reached the Defendant on August 3, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, the instant lease agreement was lawfully terminated due to the Plaintiff’s notice of termination on the ground of the Defendant’s delinquency in rent.

Therefore, the defendant shall deliver the real estate of this case to the plaintiff, except in extenuating circumstances.