(영문) 울산지방법원 2020.02.12 2018가단57164

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(영문) 울산지방법원 2020.02.12 2018가단57164

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) order the real estate listed in the separate sheet;

(b) From March 19, 2018, KRW 36,000 and KRW 36,000.

Reasons

1. Basic facts

A. On August 19, 2013, the Plaintiff, as the owner of the real estate listed in the separate sheet (hereinafter “instant building”), leased the instant building to the Defendant as the lease deposit amount of KRW 150,00,000 from August 26, 2013 to August 25, 2015, and KRW 6,500,000 for monthly rent (the first payment date was determined as “25 days each month, but the first payment date was changed to “18 days”).

(hereinafter “The instant lease agreement.” Under the instant lease agreement, the lessor agreed that the overdue charge of the rent of a lessee reaches the two-year rent, or violates Article 3 (Change of Use and Sub-lease, etc.), the lessor may immediately terminate the instant lease agreement. In the context of the special agreement of the said lease, the lessor stated that “The lessee shall make an additional guarantee for five years in the two-year period of this agreement to the lessee, and the rent relationship shall be determined after mutual agreement within the statutory fee, regardless of the increase or decrease of Schlage sales.”

B. From around that time, the Defendant operated the “C” (Smarket; hereinafter “C”) in the instant building, and operated the monthly rent to the Plaintiff from September 18, 201 to December 18, 2013, respectively, KRW 6,500,000 as of the 18th day of each month from September 18, 2013 to December 18, 2013 (the monthly rent that occurred until September 17, 2013 was settled in the course of lease contracts and C takeover), and from January 18, 2014 to the same year.

4. From May 18, 2014 to October 18, 2015, each of 6,500,000 won was paid on the 18th day of each month, and each of 6,50,000 won was paid on the 18th day of each month, from May 18, 2014 to October 18, 2015; ② from November 20, 2015 to February 18, 2016, each of 5,00,000 won was paid on the 18th day of each month, and ③ from March 18, 2016 to the day of the closing of argument in this case.

C. On May 26, 2017, the Plaintiff sent to the Defendant a proof of the content that “the instant lease agreement is terminated on the grounds of the Defendant’s delinquency in rent for at least two years,” and around that time, the said proof was served on the Defendant.

The Defendant occupied and used the instant building as C at the time of the closing of the argument in the instant case.

유사 판례

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