(영문) 인천지방법원부천지원 2019.11.26 2019가단22182

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(영문) 인천지방법원부천지원 2019.11.26 2019가단22182

건물명도(인도)

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1. The Defendant shall deliver each building from 14,800,000 to 16, 2019 to 14,80,000, as indicated in the separate sheet of real estate.

Reasons

1. Determination as to the cause of claim

A. On January 1, 2014, the Plaintiff and the Defendant each building indicated in the separate sheet of real estate (hereinafter “each building of this case”) between the Plaintiff and the Defendant as to January 1, 2014.

(2) The term of a lease agreement with the term of a lease deposit of KRW 20 million, the term of a lease shall be from January 1, 2014 to December 31, 2016, and the term of a lease agreement with the term of a lease contract of KRW 120 million per month (payment on January 15, 201) (hereinafter “instant lease agreement”).

(2) The Plaintiff and the Defendant agreed on the instant lease agreement that “If the overdue rent of the Defendant, a lessee, reaches the amount of rent for two months, the Plaintiff, a lessor, may immediately terminate the instant lease agreement (Article 4 of the instant lease agreement (Evidence A2)).” (2) The Plaintiff delivered each of the instant buildings to the Defendant around January 1, 2014.

3) The Plaintiff and the Defendant agreed to renew the instant lease contract at a time when the term of the instant lease expires. From January 2017, the Plaintiff and the Defendant agreed to increase the rent by KRW 1.3 million per month, and thereafter, the instant lease contract was explicitly renewed. 4) From February 2019 to February 15, 2019, the Defendant delayed to pay the monthly rent under the instant lease contract, which was renewed as described in the foregoing paragraph 3. As of May 15, 2019, the Defendant’s delayed payment is a total of KRW 5.2 million. 5) The instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease due to the Defendant’s delinquency in rent was served on the Defendant on July 15, 2019.

6) From July 2019 to the time of the closing of argument in the instant case, the Defendant occupied and used each of the instant buildings according to the purpose of the instant lease agreement. [Recognition grounds] 【Fact-finding, absence of dispute, Gap’s evidence Nos. 1 and 2 (each of the entries, including a serial number, and the purport of the entire pleadings

B. Determination 1: The duty of delivery of each of the buildings of this case

In full view of the facts found in the above paragraph, the defendant is a renewed lease agreement of this case for two months.

유사 판례

-의정부지방법원고양지원 2019.02.15 2018가단8845

-대구지방법원서부지원 2020.04.29 2019가단67026

-인천지방법원 2020.05.07 2019가단237837

-의정부지방법원고양지원 2014.03.21 2013가단38087

-서울서부지방법원 2015.06.26 2014가합36672