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Reasons
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(영문) 대전지방법원 2016.05.12 2015가단36522 (1)
건물인도등
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1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the annex;

(b) Buildings of KRW 24,00,000 and from October 11, 2015.

Reasons

1. Facts of recognition;

A. On July 8, 2014, the Plaintiff concluded a lease agreement to lease the instant building to the Defendant (hereinafter “instant lease agreement”) with the Defendant, setting the rental deposit of KRW 50,000,000, monthly rent of KRW 3,000,000, and the lease period of KRW 10,000 between July 10, 2014 and July 9, 2016 (hereinafter “instant lease agreement”).

B. The Defendant occupied and used the instant building upon delivery from the time of entering into the instant lease agreement, and did not pay the Plaintiff the monthly rent from February 10, 2015.

C. On September 30, 2015, the Plaintiff sent a content-certified mail to the Defendant that he/she would terminate the lease agreement by not paying two or more rents.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the instant lease contract was terminated by the Plaintiff’s notice of termination of the lease contract on the ground that the Defendant was not paid a rent.

Therefore, the defendant is obligated to deliver the building of this case to the plaintiff.

In addition, since the Defendant did not pay the rent from February 10, 2015 to the Plaintiff, the Defendant is obligated to pay the Plaintiff the rent of KRW 24,000,000,000, and the rent of KRW 3,000,000, calculated by the ratio of the rent that was not paid from February 10, 2015 to October 10, 2015, and the delivery of the instant building from October 11, 2015 to the completion date of delivery of the instant building.

B. The Defendant asserts that the monthly rent was adjusted to KRW 2,800,000.

According to Gap evidence No. 1, the monthly rent of the instant lease agreement is KRW 3,00,00,000, and the monthly rent is KRW 2,800,000 from July 10, 2014 to December 30, 2014.

However, since there is no evidence to prove that the monthly rent from January 1, 2015 was adjusted to KRW 2,800,000, the above argument by the defendant is without merit.

C. The Defendant is the Plaintiff at the time of the instant lease agreement.

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