beta
(영문) 대구지방법원포항지원 2019.07.23 2018가단106379

건물명도(인도)

Text

1. The Defendants are to the Plaintiff:

(a) Of the 1st floor of the building listed in the attached Table 1 list, the Attached Form 2 Map 1, 2, 3, 4, 1.

Reasons

1. Determination as to the cause of claim

A. On January 1, 2016, the Plaintiff, as the owner of the building listed in the separate sheet No. 1, entered into a lease agreement with Defendant B on the part of “D cafeteria” indicated in the separate sheet No. 2 from January 1, 2016 to December 31, 2017 as indicated in the separate sheet No. 3 (hereinafter “instant lease agreement”). Defendant C guaranteed the Defendant B’s obligations as a lessee prescribed in the instant lease agreement, and Defendant B failed to pay the said agreement for the following reasons since July 1, 2016, or for the entire purport of pleading No. 1, No. 1, 2, 4-3, and 8, respectively.

B. As such, while Defendant B’s delinquency in rent continues for a long period, the instant lease agreement was automatically terminated if Defendant B was in arrears for not less than 2 months (Article 8), and as long as the instant complaint, on November 19, 2018, stating the intention of termination, was served on Defendant B on the ground of the foregoing delinquency in rent, the instant lease agreement was terminated.

C. As to this, the Defendants asserted that the termination of the instant lease agreement is unfair on the grounds that the Plaintiff obstructed Defendant B’s business or failed to perform his/her duties as a lessor prescribed by the instant lease agreement, and thereby caused enormous damages to Defendant B, by means of installing Capital, advertising board, chair, and so on within the parking lot of the said building used by Defendant B, and claiming unfair management expenses.

However, the above assertion by the Defendants is not only considered to be a reason to justify the whole rent and unpaid payment of Defendant B, which was made for more than two years, but also the Defendants, including the evidence Nos. 1-2 and No. 1-2.