(영문) 수원지방법원 2019.11.15 2019가단544006

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(영문) 수원지방법원 2019.11.15 2019가단544006

건물명도(인도)

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1. The defendant shall be the plaintiff.

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

(b)payment of 14,319,354 won;

Reasons

1. Facts of recognition;

A. On May 18, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant with the terms that real estate listed in the attached Table was leased to the Defendant by setting the deposit amount of KRW 20,000,000, KRW 1,150,000 per month of rent (payment after June 25, 2018), and from June 25, 2018 to June 24, 2018 (hereinafter “instant lease agreement”).

According to the instant lease agreement, the Plaintiff is entitled to terminate the instant lease agreement if the Defendant is in arrears for three consecutive months.

(Article 4). (b)

On June 25, 2019, the Plaintiff handed over the instant real estate to the Defendant according to the instant lease agreement.

C. However, the Defendant did not pay the Plaintiff the monthly amount of March and June of 2017, from October of 2018 to December of 2018, and from January of 2019 to July of 2019 to July of 12 months.

Accordingly, on July 31, 2017, the Plaintiff expressed his/her intent to terminate the instant lease agreement through a duplicate of the instant complaint, and the duplicate of the instant complaint was served on the Defendant on August 8, 2019.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the facts found upon the termination of the instant lease agreement, the Defendant did not delay the obligation to pay rent under the instant lease agreement for at least three consecutive months on July 31, 2019, which was at the time the Plaintiff filed the instant lawsuit. Therefore, the instant lease agreement was lawfully terminated upon delivery to the Defendant on August 8, 2019 of a copy of the complaint stating the Plaintiff’s declaration of intent to terminate the instant lease agreement.

B. According to the above facts as to the claim for extradition of the instant real estate, the Defendant is obligated to deliver the instant real estate to the Plaintiff.

C. As to the unpaid rent claim, the Plaintiff sought payment of KRW 14,950,000 in total for the Defendant’s unpaid rent for 13 months.

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