(영문) 인천지방법원 2020.09.17 2020가단214793

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(영문) 인천지방법원 2020.09.17 2020가단214793

건물인도

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1. The Defendants shall deliver each of the real estate listed in the separate sheet to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. On March 18, 2019, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendants, setting the lease deposit amount of KRW 30 million, monthly rent of KRW 2860,000 (including additional tax, KRW 17,000,000 per month), and the lease period from April 18, 2019 to April 17, 2021 (hereinafter “instant lease agreement”).

B. However, the Defendants did not pay a rent once after the delay in the payment of the rent, which was to be paid from May 17, 2019, when possession and use of the instant real estate, including the delivery of the instant real estate, after the delivery of the said real estate, from May 17, 2019.

C. On March 13, 2020, a duplicate of the instant complaint containing the Plaintiff’s declaration of intent to terminate the instant lease agreement on the grounds of the foregoing delinquency in rent was served on the Defendants.

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

2. According to the above facts, it is reasonable to view that the instant lease contract was terminated on March 13, 2020. Thus, the Defendants, a joint lessee under the instant lease agreement, are obligated to deliver the instant real estate to the Plaintiff due to the termination of the instant lease agreement, barring any special circumstance.

The Defendants decided to restore the section for common use at the entrance of the Plaintiff to its original condition before the remainder date under the instant lease agreement, but it was delayed and construction for restoration to the original state around June 2019, and caused inconvenience to the facilities wastes, etc. on the date of occupancy. However, even though there was no unpaid management expenses on the instant real estate, the Defendants claimed KRW 32,443,330 on June 2019 the unpaid management expenses of KRW 32,44,330 on the instant lease agreement, and the Defendants may cancel the contract where the lessor or lessee fails to fulfill the terms of the instant lease agreement, and in such case, the contract may be cancelled.

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