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Reasons
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(영문) 대전지방법원천안지원 2017.04.12 2016가단113715
건물명도
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1. The defendant shall be the plaintiff.

(a) deliver real estate indicated in the annexed real estate;

(b)As from November 1, 2016, as above.

Reasons

1. Facts of recognition;

A. On November 1, 2015, the Plaintiff entered into a lease agreement with the Defendant, setting the deposit amount of KRW 10,000,000, monthly rent of KRW 1,500,000, and the term of lease from November 1, 2015 to November 1, 2017, with respect to the real estate indicated on the attached real estate (hereinafter “instant real estate”) as indicated on the attached real estate (hereinafter “the instant real estate”), and concluded the lease agreement between the Defendant. As the Defendant was unable to pay KRW 5,00,000,000 out of the deposit, the deposit was reduced to KRW 5,00,000, and the monthly rent of KRW 1,60,000.

(B) The lease contract of this case is amended as above (hereinafter referred to as the lease contract of this case)

On November 2, 2016, the Defendant failed to pay the rent under the instant lease agreement. Accordingly, the Defendant confirmed that the total amount of rent unpaid from November 1, 2015 to October 31, 2016 was KRW 13,400,000 to the Plaintiff, and agreed to pay it by November 20, 2016, and a notary public also prepared and issued a promissory note No. 1145 amounting to KRW 13,40,000 on a face value of 13,40,000 on a legal document prepared by the law firm.

C. However, the Defendant paid KRW 5,00,000 out of the above unpaid rent, but did not pay the remainder of KRW 8,400,000 and the rent after November 1, 2016. The Plaintiff terminated the instant lease contract on the grounds that the aforementioned rent was delayed.

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

2. According to the facts of the above recognition, the instant lease agreement is deemed to have been lawfully terminated, so the Defendant is obligated to deliver the instant real estate to the Plaintiff and pay the Plaintiff the amount calculated at the rate of KRW 1,600,000 per month from November 1, 2016 to the completion date of delivery of the instant real estate, with the rent or the amount of money calculated at the rate of KRW 1,60,000 per month.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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