(영문) 서울남부지방법원 2018.01.09 2017가단18860

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(영문) 서울남부지방법원 2018.01.09 2017가단18860

건물명도(인도)

Text

1. The defendant, among the second floor of the building listed in the attached list, shall follow in sequence 1, 2, 3, 4, and 1 of the annexed drawing.

Reasons

1. Facts of recognition;

A. On June 8, 2016, the Defendant: (a) leased, from June 2, 2016, a lease deposit amount of KRW 4,00,000, KRW 40,000 (excluding value-added tax), and KRW 12 months from June 8, 2016, the lease deposit amount of KRW 33 square meters (hereinafter “the lease portion in this case”) connected each point in the attached Form No. 1, 2, 3, 4, and 1 among the two floors of the building listed in the attached Table owned by B (hereinafter “instant building”).

B. On January 20, 2017, the Plaintiff purchased the instant building from B, and succeeded to the status of the said lessor by completing the registration of ownership transfer on the said building on March 10, 2017.

C. By February 2017, the Defendant did not pay the rent for six months until February 2017, and on May 25, 2017, the Plaintiff sent to the Defendant a certificate to the effect that the said lease was terminated due to the Defendant’s delinquency in paying three or more rents.

Accordingly, the Defendant paid to the Plaintiff on June 2, 2017 all the overdue charge until April 2, 2017. However, from May 2017, the Plaintiff did not pay the overdue charge for seven months beginning with the delay of the payment of the overdue charge. Accordingly, on December 13, 2017, the Plaintiff notified the Defendant of his/her intention to terminate the lease contract on the ground of the overdue charge of the overdue charge of the rent, and the said briefs were served to the Defendant on December 18, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above findings, even if the above lease contract between the plaintiff and the defendant was explicitly renewed, the above lease contract was terminated on December 18, 2017 on the ground that at least three months of the defendant's delinquency in rent, and thus, the defendant is obligated to deliver the leased part of this case to the plaintiff.

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

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