beta
(영문) 전주지방법원 군산지원 2018.04.20 2017가합379

건물명도 등

Text

1. The defendant is the plaintiff (appointed party) and the successor.

(a) deliver the real estate listed in Appendix 1;

B. April 2, 2017

Reasons

1. Indication of claim;

A. On October 28, 2016, the Plaintiff (Appointeds) and the designated parties (hereinafter collectively referred to as “Plaintiffs”) leased real estate listed in attached Form 1 (hereinafter referred to as “instant real estate”) to the Defendant, with the lease deposit of KRW 30 million, monthly rent of KRW 1,870,000 (including additional tax, but to pay the rent from the date of actual commencement of business), and the lease term of KRW 1,870,000 (including additional tax, but to pay the rent from the date of actual commencement of business) was determined and leased from November 15, 2016 to November 14, 2018.

(hereinafter “instant lease agreement.” According to the instant lease agreement, a lease agreement may be terminated if a lessee fails to pay rent for at least three years, and the lessee shall return the instant real estate to the lessor upon termination of the lease.

B. The Defendant paid the instant real estate rent from December 2, 2016 to December 1, 2017, on which he/she began operating his/her business, but did not pay the rent from that later to that of April 1, 2017.

C. On November 1, 2017, a duplicate of the instant complaint stating the Plaintiffs’ declaration of intent to terminate the instant lease agreement on the grounds of the Defendant’s delinquency in rent was served on the Defendant.

Since the plaintiffs notified the defendant on June 8, 2017 that the lease contract of this case was terminated, it appears to the purport that the lease contract of this case was terminated. However, on June 8, 2017, the above notification cannot be viewed as a legitimate termination notification since the overdue rent of this case did not reach three years. However, it is reasonable to view that the complaint of this case seeking delivery of real estate due to termination of the lease contract includes the plaintiffs' expression of intention of termination of the lease contract. Thus, the lease contract of this case is terminated by delivery of a copy of the complaint of this case.

On the other hand, the plaintiffs paid the electricity fee of KRW 2,00,910 on behalf of the defendant, who operated and used the bank in the real estate of this case.