(영문) 춘천지방법원원주지원 2020.01.22 2019가단2093

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(영문) 춘천지방법원원주지원 2020.01.22 2019가단2093

건물인도 등

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From August 1, 2019, the above-mentioned A

subsection (b).

Reasons

1. Basic facts

A. On May 27, 2015, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 2,00,000, KRW 260,000 per month of rent, and KRW 1,000 from June 1, 2015 to June 1, 2017 (hereinafter “instant lease agreement”), and thereafter, delivered the instant apartment to the Defendant around that time.

B. On December 5, 2018, the Defendant was detained in the Chuncheon Prison, and was provisionally released on July 30, 2019. From December 2018, the Defendant did not pay rent, management fee, etc. to the date of closing argument of the instant case from December 2018.

C. On June 4, 2019, the Plaintiff sent to the Defendant the content-certified mail that the instant lease contract was terminated upon the termination of the contract, as the Defendant was not contacted with the Defendant during the period of detention.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts found in the judgment as to the cause of the claim, the defendant shall be deemed to have failed to pay two or more vehicles, and since it is apparent in the record that the duplicate of the complaint of this case, including the intention to terminate the lease contract of this case on the ground of the delinquency in payment of two or more vehicles, was served on the defendant on September 20, 2019, the defendant is obligated to deliver the apartment of this case to the plaintiff and pay the overdue rent to the plaintiff, barring any special circumstances.

B. The Defendant’s assertion is confined to the prison and failed to receive the Plaintiff’s content-certified mail on June 4, 2019. However, even if the Defendant was unable to receive the above content-certified certificate, the instant lease agreement was terminated by the delivery of a copy of the instant complaint, including the intent to terminate the instant lease on the ground of the delinquency in rent, and thus, the circumstance alleged by the Defendant is deemed as a ground for rejecting the Plaintiff’s claim.

유사 판례

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