(영문) 광주지방법원 2019.11.28 2018가단540914

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(영문) 광주지방법원 2019.11.28 2018가단540914

건물명도(인도)

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1. The defendant against the plaintiffs

(a) deliver the real estate listed in the separate sheet;

(b) for gold 4,500,000 won and this in respect thereof;

Reasons

1. Basic facts

A. The Plaintiffs share 1/2 of their shares in the buildings listed in the separate sheet.

B. On May 1, 2018, the Plaintiffs entered into a lease agreement with the Defendant on the condition that the monthly rent of KRW 1.5 million is paid in advance on the 1st day of each month (hereinafter “instant lease agreement”) with respect to the first floor (hereinafter “instant leased building”) among the buildings indicated in the separate sheet between the Defendant and the Defendant, from May 1, 2018 to April 30, 2019.

C. Since the Defendant paid the monthly rent of KRW 1.5 million on the date of the instant lease agreement, the Defendant paid the monthly rent of KRW 1.5 million, except for the monthly rent for three months until the date of closing the argument in the instant lease agreement.

The Plaintiffs urged the Defendant to pay the rent for three months for three months, but the Defendant refused to pay the rent for three months, asserting that the leased building of this case was flooded and failed to conduct business for three months due to the deterioration of the leased building of this case and defects in the drainage pipe.

[Ground of recognition] Facts without dispute, Gap 1 evidence, Eul 17 evidence, the whole purport of the pleading

2. Whether the exercise of the right to terminate the contract due to the overdue rent is legitimate;

A. According to the above facts, unless the defendant proves that the leased building of this case was unable to use the leased building of this case for three months due to leakage due to the deterioration of the leased building of this case and drainage defects, the defendant bears the obligation to pay rent for three months. If the defendant refuses to pay rent even after being urged by the plaintiffs, it constitutes three-month arrears.

B. As to the Defendant’s assertion that the Defendant could not use the leased building of this case for three months due to the deterioration of the leased building of this case and the defect of drain pipes, in light of the following: (a) the statement of No. 6 No. 1, and the photographic image of No. 2 through No. 4 of the evidence No. 5.

유사 판례

-수원지방법원 여주지원 2018.07.12 2017가단53830

-수원지방법원 여주지원 2018.05.03 2017가단53021

-광주지방법원목포지원 2015.08.12 2014가단7108

-수원지방법원 여주지원 2018.05.03 2018가단50425

-광주지방법원 2017.11.01 2016나60651