(영문) 창원지방법원진주지원 2020.07.17 2020가단30510

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(영문) 창원지방법원진주지원 2020.07.17 2020가단30510

건물인도

Text

1. The Plaintiff:

A. Defendant A: (a) the real estate listed in the No. 1 of the title of the attached real estate;

B. Defendant B shall be in annexed Form.

Reasons

1. Basic facts

A. On October 29, 2018, the Plaintiff leased to Defendant A real estate indicated in [Attachment 1] No. 33,116,000 won, monthly rent 378,080 won, and lease period from November 1, 208 to October 31, 2020. 2) On December 3, 2018, the Plaintiff leased Defendant B real estate indicated in [Attachment 2] No. 36,113,000 won, monthly rent 603,480 won, lease period from December 1, 2018 to November 30, 2020.

3) According to Article 10(1)4 of the General Terms and Conditions of each of the above lease agreements, a lessor may terminate the lease agreement if the lessee has failed to pay the rent for at least three months. (b) As of January 7, 2020, the Defendants were delinquent in paying the rent, etc. for the period of 4,536,755 in arrears, including the rent for the period of 14 months, Defendant B B B 13 months.

2) The plaintiff, upon the delivery of the complaint of this case, expressed his intention to terminate each lease contract between the plaintiff and the defendants. The complaint of this case was served on January 30, 2020 and January 28, 2020 on each of the defendant Eul. [The plaintiff did not have any dispute over the grounds for recognition, the plaintiff's statement of No. 1-4, No. 6, and No. 3-1 and No. 3-2, and the purport of the whole pleadings.

2. According to the facts of the judgment as to the cause of the claim, the Defendants were in arrears for not less than three months, and the grounds for termination under each lease agreement occurred, and the Plaintiff declared that each of the above lease agreements is terminated by the delivery of the complaint of this case, and the complaint of this case was delivered to the Defendants respectively, each of the above lease agreements was lawfully terminated.

Therefore, Defendant A is obligated to deliver each of the real estate listed in the No. 1 of the attached real estate, and Defendant B is obligated to deliver each of the real estate listed in the No. 2 of the attached

On the other hand, Defendant A pays for the delay of three months at the face of the grace period.

유사 판례

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-창원지방법원통영지원 2017.11.01 2017가단3245