beta
(영문) 부산지방법원동부지원 2019.01.16 2017가단220975

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

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

(b) KRW 1,071,220 and as regards this, it shall be dated 2017.

Reasons

1. Facts of recognition;

A. On February 25, 2015, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant that leases real estate listed in the separate sheet, which is a publicly constructed rental house (hereinafter “instant real estate”), KRW 14,510,000, KRW 101,130, KRW 130, and the lease term from February 25, 2015 to March 31, 2017.

After that, as the instant lease contract has been renewed, the monthly rent was increased by 106,180 won from April 1, 2017.

B. According to Article 10(1)4 of the General Conditions of the instant lease agreement, a lessor may cancel or terminate the instant lease agreement, or refuse to renew the lease agreement, in cases where a lessee has been in arrears for at least three consecutive months.

"It is prescribed".

C. The Defendant’s failure to pay the monthly rent for at least three consecutive months from February 2017 to November 2017, and the sum of the rent in arrears as of November 30, 2017 reaches KRW 1,071,220 (including overdue charge).

The Defendant occupied and used the instant real estate until the closing date of the instant case.

【Reason for Recognition】 Each entry into evidence of subparagraphs A through 3, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the grounds for termination of the contract under the instant lease agreement have occurred pursuant to the Defendant’s continuous delinquency for not less than three months, and it is evident in the record that the duplicate of the complaint of this case stating the Plaintiff’s declaration of intent to terminate the contract was served on the Defendant on January 5, 2018, and thus, the instant lease agreement was lawfully terminated and terminated.

Therefore, the Defendant’s transfer of the instant real estate to its original state to the Plaintiff, and ② as to the overdue rent of KRW 1,071,220, the following day from December 1, 2017 to January 5, 2018, the delivery date of a copy of the complaint of this case, and the year prescribed by the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from the following day to the date of full payment.