(영문) 서울남부지방법원 2017.11.07 2017가단609

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(영문) 서울남부지방법원 2017.11.07 2017가단609

건물명도(인도)

Text

1. The defendant against the plaintiff A,

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

B. As from March 9, 2016, the delivery of the above building.

Reasons

1. Facts of recognition;

A. On October 1, 2007, Plaintiff A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit amount of KRW 10,000,000, monthly rent of KRW 1,600,000, and the lease period of KRW 12 months with respect to the buildings listed in the separate sheet (hereinafter “instant building”).

B. The instant lease agreement has been implicitly renewed several times, and the Defendant occupied and used the instant building, and the Defendant did not pay from around 2012, the rent under the instant lease agreement.

C. Accordingly, on January 2, 2013 and February 16, 2015, Plaintiff A sent to the Defendant a certificate of the content of demanding the delivery and payment of the instant building on the grounds of overdue rent, etc. The delivery of a copy of the instant complaint to the Defendant on the ground that the Defendant had expressed his/her intention to terminate the instant lease agreement on the grounds of overdue rent for more than three years.

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

2. According to the facts of the judgment on the Plaintiff’s claim, the instant lease agreement was terminated on the grounds of the Defendant’s delinquency in payment of rent for at least three years, which was served on the Defendant at the latest on February 3, 2017, and thus, the Defendant is obligated to deliver the instant building to the Plaintiff and pay the Plaintiff a rent of KRW 1,600,000 per month from March 9, 2016 to the completion date of delivery of the said building as the Plaintiff’s claim.

3. The judgment on the Plaintiff B’s claim is sought against the Defendant on the premise that the Plaintiff himself is a joint lessor under the instant lease agreement against the Defendant, but the evidence submitted by the Plaintiff B alone is insufficient to recognize that the lease agreement was concluded between the Plaintiff B and the Defendant, and there is no other evidence to acknowledge it. Accordingly, the Plaintiff B’s claim is acceptable.

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