(영문) 수원지방법원 2019.05.02 2018가단551441

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(영문) 수원지방법원 2019.05.02 2018가단551441

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

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

(b) 24,300,000 won and this in respect thereof;

Reasons

1. Facts of recognition;

A. On November 8, 2017, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff on each real estate listed in the separate sheet (hereinafter “instant real estate”) that the lease deposit is KRW 100 million (payment of KRW 10 million under a contract; the remainder of KRW 90 million is paid on December 16, 2017); the rent is KRW 7 million per month (payment on December 16, 201); and the lease period is from December 16, 2017 to December 15, 2022. At that time, the Plaintiff agreed that the lease agreement may be terminated if the Defendant’s delayed payment reaches three (3) months.

B. The Defendant, at the time of the conclusion of the above contract, occupied and used the instant real estate and operated convenience points.

C. The Plaintiff was entitled to exemption from the rent for the first one month, but the Defendant paid 500,000 won each month by October 16, 2018, since January 16, 2018. The lease deposit was not paid at all.

On July 30, 2018, the Plaintiff notified the Defendant of the payment of the lease deposit of KRW 100 million and the overdue rent of KRW 100 million. On October 18, 2018, the Plaintiff notified the termination of the instant lease agreement on the ground that the overdue rent falls under the amount of three (3) minutes, and that the document reached the Defendant on the 19th of the same month.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 8 (including branch numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts as to the termination of the instant lease agreement, barring special circumstances, the instant lease agreement was lawfully terminated upon the Plaintiff’s declaration of termination due to the Defendant’s failure to pay rent for more than three months, barring special circumstances.

I would like to say.

As to this, the defendant made an oral agreement that the plaintiff would not receive the original lease deposit, and that the defendant would not receive the rent unless the defendant's business is well-grounded, the contract is terminated on the ground of the defendant's delinquency in rent.

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