(영문) 인천지방법원부천지원 2016.08.31 2016가단103783

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(영문) 인천지방법원부천지원 2016.08.31 2016가단103783

건물명도

Text

1. The Defendant shall pay KRW 9,600,000 from the Plaintiff to the date of full payment, which is from May 10, 2016 to KRW 50,000.

Reasons

1. Facts of recognition;

A. On June 26, 2015, the Plaintiff leased the real estate listed in the attached list (hereinafter “instant apartment”) to the Defendant, with the lease deposit of KRW 50 million, KRW 1.6 million per month (payment after June 30, 2015), and the period from June 30, 2015 to June 29, 2017.

B. Around that time, the Defendant paid the full lease deposit and occupied and used the apartment of this case after being handed over.

C. From September 2015, the Defendant did not pay rent from around December 28, 2015, and the Plaintiff notified the Plaintiff of his/her intent to terminate the lease agreement on the ground of the overdue rent for at least two years in cases where the Plaintiff did not pay the overdue rent up to December 30, 2015 while demanding the payment of the overdue rent on December 28, 2015.

Since the Defendant did not pay the rent even thereafter, the Defendant does not pay the rent of KRW 9.6 million until February 2016.

[Grounds for recognition] Gap 1-5 evidence (including paper numbers), the purport of the whole pleading

2. Determination

A. According to the above facts, the lease agreement between the plaintiff and the defendant was lawfully terminated by the plaintiff's notice of termination on the ground of the overdue delay.

Therefore, as the Plaintiff seeks, the Defendant is obligated to deliver and return the instant apartment at the same time with the remainder after deducting the amount calculated by the rate of 15% per annum from May 10, 2016 to the day following the delivery date of a copy of the complaint of this case from May 10, 2016 and the amount of delay damages calculated by the rate of 1,60,000 won per annum from March 30, 2016 to the day of the return of the instant apartment from March 30, 2016 to the day of the return of the apartment of this case.

B. The defendant argues that there is a problem of the plaintiff's credit rating, and that the overdue rent can be deducted from the lease deposit, and only suspended the payment of the rent and did not delay the rent. However, the defendant's overdue overdue charge merely because the defendant asserts that it did not pay the rent.

참조조문

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