beta
(영문) 인천지방법원부천지원 2015.12.17 2015가단21716

건물인도등

Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet;

B. Defendant C shall enter the attached list.

Reasons

On November 5, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B with regard to the real estate listed in the attached list owned by the Plaintiff (hereinafter “instant real estate”), with a period of 10,000,000 won for lease deposit, 50,000 won for rent monthly, and 24 months for lease period. Defendant B paid the Plaintiff the lease deposit amount of KRW 6,00,000 out of the lease deposit, and has resided in the instant real estate until now. The Plaintiff and Defendant B agreed to change the Plaintiff into KRW 520,000 for rent after April 2015; Defendant B did not pay the Plaintiff the rent after December 2014; Defendant C was residing in the instant real estate; Defendant B did not express the Plaintiff’s intention to terminate the instant lease agreement on the grounds that the lease agreement was rent by Defendant B; and Defendant B did not express the Plaintiff’s intention to cancel the lease agreement on the ground that each of the instant land was rented by Defendant B; and Defendant B’s assertion No. 214, the Plaintiff’s assertion as to the Plaintiff.

According to the above facts, the lease contract of this case was terminated on October 24, 2015 on the ground of the delinquency in rent by Defendant B. Thus, Defendant B transferred the real estate of this case to the Plaintiff, and Defendant C is obligated to withdraw from the above real estate upon the Plaintiff’s request, the owner of the real estate of this case.

If so, the plaintiff's claim against the defendants is justified.