(영문) 인천지방법원 2019.11.20 2019가단18609

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(영문) 인천지방법원 2019.11.20 2019가단18609

건물명도등

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1. The defendant shall be the plaintiff.

(a) Out of the fourth floor of the building indicated in the attached list, the following drawings are indicated 5,6, 7, 5, 5.

Reasons

1. Facts of recognition;

A. On August 31, 2007, the Plaintiff entered into a lease agreement with the Defendant to lease (hereinafter “instant lease agreement”) part (a) part (a) of the ship (hereinafter “instant real estate”) of 82.64 square meters connected with each point of the attached drawings, 5, 6, 7, 5, and 5, among the real estate 4 floors listed in the attached list, among the real estate indicated in the attached list, to the Defendant, on the following grounds: (a) the lease deposit determined as of the date of closing argument of the instant case was renewed several times; (b) the lease deposit was KRW 6,00,000; (c) the rent was KRW 50,000 per month; and (d) the management fee was KRW 40,00 per month.

B. The Defendant occupied and used the instant real estate, and the rent (including value-added tax) that was unpaid as of May 31, 2019 is KRW 27,50,000 (=50,000 x 50 months) and the unpaid management fee is KRW 4,080,000 (=40,000 x 102 months).

C. On September 9, 2019, a duplicate of the complaint of this case, stating that the Plaintiff terminated the instant lease agreement and sought the delivery, etc. of the instant real estate, was served on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the instant lease was terminated due to delinquency, such as the Defendant’s rent, etc.

Therefore, the defendant is obligated to pay to the plaintiff 25,580,000 won (=27,500,000 won - 6,000,000 won) remaining after deducting the lease deposit that the plaintiff is entitled to deduct from the unpaid rent and management expenses.

B. As to this, although the Defendant provided a picture as a collateral for unpaid rent, the Plaintiff did not have an obligation to pay rent for 24 months since the Plaintiff visited the instant real estate from time to time and was unable to use the instant real estate. However, due to the circumstance alleged by the Defendant, there is no evidence to acknowledge that the Defendant committed a situation in which the Defendant was unable to use the instant real estate in conformity with the purpose of the lease.

유사 판례

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