beta
(영문) 서울북부지방법원 2016.02.16 2015가단23076

주택명도

Text

1. The defendant shall be the plaintiff.

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

(b) pay 3,800,000 won;

2...

Reasons

1. Facts of recognition;

A. On March 12, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the lease deposit of KRW 10,000,000, monthly rent of KRW 600,000, and the period of March 12, 2015.

B. As of May 12, 2015, the Defendant did not pay a total of KRW 3,800,000 as of May 12, 2015, and on May 19, 2015, the Plaintiff sent a written notice to the Defendant that the instant lease contract is terminated on the grounds of the delayed rent, by content-certified mail.

[Ground of certification] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above findings of the determination, the lease contract of this case is deemed to have been lawfully terminated at that time because the above content-certified mail or copy of the complaint of this case containing the defendant's expression of intent to terminate the lease contract of this case on the grounds of delinquency in rent of the defendant reaches the defendant.

Therefore, the Defendant is obligated to deliver the leased object of this case to the Plaintiff, barring any special circumstances, and to pay the overdue rent of KRW 3,800,000 to the Plaintiff.

In regard to this, the Defendant paid KRW 1,00,000 on May 19, 2015, and paid the remainder of arrears to the Plaintiff prior to the first date for pleading. Although the instant lease is asserted to the effect that it has been renewed, there is no evidence to acknowledge it, and as seen earlier, the instant lease contract was terminated on the ground that it was terminated on the grounds of delinquency in rent, the above argument by the Defendant is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.