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Reasons
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(영문) 서울중앙지방법원 2021.03.09 2020가단5248059
건물인도
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1. The defendant shall deliver to the plaintiff the real estate listed in the attached list. 2. The costs of lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. On July 29, 2016, the Defendant entered into a lease agreement with the Plaintiff to lease real estate listed in the separate sheet (hereinafter “instant real estate”) from the Plaintiff (hereinafter “instant real estate”) at KRW 30,00,000, KRW 3,500,000 per month, and KRW 3,50,000 per month, and the lease agreement to lease the instant real estate during the lease period from July 29, 2016 to July 28, 2018 (hereinafter “instant lease agreement”) (hereinafter “the instant lease agreement”). From July 29, 2016, the instant lease agreement began to be occupied and used as the Defendant Company’s place of business (or several practice rooms). The instant lease agreement was implicitly renewed on a one-year basis.

B. From the end of 2018, the Defendant began to delay the payment of the rent to the late payment after the delayed payment. The amount of the rent arrears from July 31, 2020 to July 31, 2020 to the 61,600,000 won in total for 16 months (=3,50,000 x 16 months x 110%).

Accordingly, on August 3, 2020, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the grounds of the delinquency in rent for at least three (3) years, and the said content-certified mail sent to the Defendant on August 6, 2020.

【Unfounded grounds for recognition】 Facts without dispute, entries in Gap evidence 1 through 5 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the facts of the judgment on the ground of the Plaintiff’s claim, the instant lease agreement was lawfully terminated on August 6, 2020, when the notice of termination by the Plaintiff was delivered to the Defendant.

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

3. Accordingly, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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