(영문) 인천지방법원 2020.02.12 2019가단29524

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(영문) 인천지방법원 2020.02.12 2019가단29524

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From July 1, 2019, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. On April 9, 2019, the Defendant agreed to lease each of the buildings listed in the separate sheet (hereinafter referred to as “instant building”) owned by the Plaintiff with a deposit of KRW 30 million,000,000, monthly rent of KRW 3,000 (in the end of each month, value-added tax shall be separately paid on the last day of each month), and the lease term shall be from April 30, 201 to April 29, 2021 (hereinafter referred to as “instant lease agreement”), and according to the said lease agreement, the Defendant acquired each of the above buildings from the Plaintiff and occupied them.

B. The Defendant paid only a half-month monthly rent (including value-added tax) to the Plaintiff, and did not pay that monthly rent to the Plaintiff.

Accordingly, on October 16, 2019, the Plaintiff sent to the Defendant a content-certified mail stating that “I would terminate the instant lease agreement on the ground of rent for at least three consecutive periods, if the payment of the unpaid monthly rent is not made by October 25, 2019,” but the Defendant did not pay the unpaid rent even after the payment.

C. The Plaintiff filed the instant lawsuit seeking delivery of the instant building and payment of unpaid monthly rent. The duplicate of the instant complaint was served on November 14, 2019 on the Defendant.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 4, purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, since the lease contract of this case was terminated by the defendant's delinquency in monthly rent for at least three months, the defendant is obligated to deliver the building of this case to the plaintiff, and except that it is the monthly rent for the two-month period paid by the defendant, it seems that the monthly rent for the two-month period was appropriated from April 30, 2019 to June 29, 2019 to July 1, 2019 to June 29, as the plaintiff seeks (the monthly rent for the two-month period was appropriated from April 30, 2019 to June 29).

Thus, the plaintiff's claim of this case is justified, and this is accepted.

유사 판례

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