(영문) 수원지방법원 2019.07.25 2019가단517363

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(영문) 수원지방법원 2019.07.25 2019가단517363

건물명도(인도)

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1. The defendant shall receive KRW 4,275,00 from the plaintiff and at the same time real estate stated in the attached Table from the plaintiff.

Reasons

1. Facts of recognition;

A. On April 2, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the attached list (hereinafter “instant real estate”) by setting the lease deposit of KRW 15 million, monthly rent of KRW 1.5 million (in addition, payment after the end of each month), and the lease period from May 13, 2018 to May 12, 2020.

After paying the lease deposit of KRW 15 million to the Plaintiff, the Defendant received the instant real estate and used it as a factory (manufacturing place).

B. At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant agreed to allow the lessor to terminate the contract when the amount of delayed rent reaches three-year rents.

C. As of March 31, 2019, the Defendant did not pay the rent of KRW 9,900,000 (including surtax) for six months.

On April 15, 2019, the copy of the complaint of this case, stating the Plaintiff’s declaration of intent to terminate the lease contract of this case on the grounds of the Defendant’s delinquency in rent, reaches the Defendant.

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

2. The assertion and judgment

A. According to the above determination on the claim, the instant lease agreement was lawfully terminated and terminated on April 15, 2019 by the Plaintiff’s declaration of termination due to the Defendant’s declaration of termination due to overdue delay in rent. Therefore, barring any special circumstance, the Defendant is obliged to deliver the instant real estate to the Plaintiff. (A) The Defendant’s defense is asserted to the purport that the Plaintiff’s obligation to pay the remainder after deducting the overdue rent from the lease deposit and the Defendant’s obligation to deliver the instant real estate is concurrently performed. (b) The lease deposit in the lease agreement is a lessee’s obligation arising from the lease after the termination of the lease agreement until the lessor delivers the object to the lessor.

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