(영문) 대구지방법원서부지원 2017.11.29 2017가단51164

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(영문) 대구지방법원서부지원 2017.11.29 2017가단51164

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) deliver each building listed in the separate sheet;

B. From May 26, 2016, each of the above buildings.

Reasons

1. Basic facts

A. The plaintiff and the defendant are the head of the family and the defendant are the husband of C, who is the father of the plaintiff's father.

B. On May 24, 2016, the Plaintiff leased each building listed in the separate sheet (hereinafter referred to as “instant building”) to the Defendant, with the lease deposit of KRW 100 million, KRW 3.5 million per month (payment on May 26, 201), the lease term from May 26, 2016 to May 25, 2021, and entered into a lease agreement with the same content.

(hereinafter “instant lease agreement”). C.

At the time of entering into the instant lease agreement, the Plaintiff and the Defendant agreed that the lessor may immediately terminate the lease agreement if the overdue interest of the lessee reaches the amount of three-year rents.

(see Article 4 of the Lease Contract).

The Defendant paid the full amount of the lease deposit to the Plaintiff under the instant lease agreement, and occupied the instant building from May 26, 2016 to use it and profit therefrom, but did not fully pay the monthly rent under the said lease agreement.

E. In the process of using and gaining profits from the instant building, the Defendant filed a lawsuit for divorce, etc. against C on January 2017, and on January 26, 2017, against C. The Plaintiff filed the instant lawsuit against the Defendant on February 17, 2017, and expressed the Defendant’s intent to terminate the instant lease agreement on the grounds of the delayed payment of more than three times of rent. On February 27, 2017, the duplicate of the instant complaint reached the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 23, Eul evidence No. 1 (including provisional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the instant lease agreement was lawfully terminated on February 27, 2017 according to the Plaintiff’s declaration of intention to terminate the lease agreement on the grounds of the Defendant’s default of at least three years of rent, barring any special circumstances.

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