(영문) 인천지방법원부천지원 2019.01.17 2018가단9496

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(영문) 인천지방법원부천지원 2019.01.17 2018가단9496

건물인도

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1. The defendant shall be the plaintiff.

(a) Of the one-storys of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 5, 6, and 1.

Reasons

1. The following facts may be acknowledged as having no dispute between the Plaintiff and the Defendant. A.

On July 3, 2016, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant on July 27, 2016, setting the lease deposit amount of KRW 29.705m2 (hereinafter referred to as “instant housing”) with respect to the portion (i) part (hereinafter referred to as “instant housing”) in the attached drawings, which connected each point of the real estate listed in the attached Schedules 1, 2, 5, 6, and 1, from among the first floor of the real estate listed in the attached Schedules, from July 27, 2016 to July 26, 2018.

B. On August 21, 2018, the Defendant delayed the possession of the instant house upon delivery from the Plaintiff, and the Plaintiff’s complaint to the effect that the instant lease contract is terminated on the grounds of the Defendant’s delinquency in rent for more than three years.

2. According to the facts of the determination as to the cause of the claim, the instant lease agreement was lawfully terminated on August 21, 2018 on the ground of the Defendant’s delinquency in rent for at least three years.

As such, the Defendant is obligated to deliver the instant house to the Plaintiff, and as requested by the Plaintiff, even though the sum of rent to be paid by the Defendant for 22 months from July 27, 2016 to April 26, 2018 (from July 27, 2016 to April 26, 2018, the sum of rent paid by the Defendant is 7,715,000 won, and the difference is 1,965,000 won when the lease deposit is deducted from KRW 2,000,000, the lease deposit is 35,000 won, but the lease deposit is deducted from April 27, 2018 to April 29, 2018, and its full termination is extinguished) to the delivery date of the instant house.

3. It is so decided as per Disposition that the plaintiff's claim of this case is justified.

유사 판례

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