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Reasons
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(영문) 서울남부지방법원 2016.08.12 2016가단4369
건물인도
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1. The Defendants are jointly and severally liable to the Plaintiff.

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

(b)payment of 650,000 won;

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a lease agreement with the Defendants on the attached list owned by the Plaintiff (hereinafter “instant building”) by setting the deposit amount of KRW 5 million, monthly rent of KRW 700,000 (after July 29), and the period from July 30, 2015 to July 30, 2017 (hereinafter “instant lease agreement”).

B. Defendant B paid to the Plaintiff KRW 70,000,000 on August 31, 2015, KRW 750,000 on November 13, 2015, KRW 140,000 on February 6, 2016, KRW 700,000 on May 13, 2016, and KRW 70,000 on July 1, 2016, respectively.

C. On December 31, 2015 and January 12, 2016, the Plaintiff notified each of the Defendants that the instant lease contract was terminated, as the Plaintiff did not pay two times a difference.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 6, whole purport of pleading

2. The Plaintiff asserts that, on the grounds that the instant lease agreement was terminated, the Plaintiff sought delivery of the instant building and payment of KRW 700,000 to the Defendants of the monthly rent after October 29, 2015, and Defendant B paid a part of the rent.

According to the facts established earlier, the Defendants moved into the instant building on July 30, 2015, and resided on December 31, 2015 for five months, and delayed payment of rent for two months or more, and the Plaintiff notified the termination of the contract on December 31, 2015. Thus, the instant lease contract was terminated around this time.

Therefore, the Defendants are obliged to deliver the instant building to the Plaintiff.

The monthly rent paid by Defendant B to the Plaintiff is KRW 4,250,000,000,000 for six months from July 30, 2015 to January 29, 2016, and KRW 50,00,000 out of the monthly rent from January 30, 2016 to February 28, 2016.

Therefore, the Defendant’s rent, calculated by the ratio of KRW 650,000 to KRW 70,000 per month from March 1, 2016 to the completion date of delivery of the instant building, to KRW 650,000 per month, to the Plaintiff.

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