(영문) 의정부지방법원고양지원 2020.11.26 2020가단73958

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(영문) 의정부지방법원고양지원 2020.11.26 2020가단73958

건물명도 등

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1. The defendant from Oct. 16, 2020 to Oct. 16, 2020 to the completion date of delivery of the building of this case from Oct. 16, 2020 to 450.

Reasons

1. Basic facts

A. On October 30, 2018, the Plaintiff entered into a lease agreement with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) with the term of lease from November 13, 2018 to November 12, 2020, the deposit amount of KRW 10,000,000, monthly rent of KRW 450,000 (payment on January 15), and delivered the instant real estate to the Defendant.

B. Until the filing of the instant lawsuit, the Defendant did not pay a total of KRW 3,150,000 for seven months, and the Plaintiff was served on March 5, 2020 with a copy of the instant complaint stating the Plaintiff’s declaration of intent to terminate the instant lease on the grounds of the Defendant’s delinquency in rent for at least two years.

C. The Defendant: (a) 4,050,000 won on April 20, 2020 from the filing of the instant lawsuit to the date of closing the argument in the instant case; (b)

5.16.450,000 won;

6.15.450,000 won;

7.15.450,000 won;

8.18.450,000 won;

9. 16.450,000 won, and 450,000 won on October 23, 190 respectively, were paid in rent.

The defendant has occupied the real estate of this case until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. The fact that the plaintiff leased the building of this case to the defendant and delivered the building of this case to the defendant. The fact that the defendant delayed payment of rent of not less than the second term is as seen earlier, and the fact that the plaintiff delivered a copy of the complaint of this case to the defendant on March 5, 2020, stating the plaintiff's declaration of termination of the lease of this case on the ground of the defendant's delinquency in payment of rent of not less than the second term.

Therefore, since the above lease contract is deemed to have been terminated lawfully, the defendant is obligated to deliver the building of this case to the plaintiff and pay the unpaid rent to the plaintiff, barring special circumstances.

B. The defendant's defense, etc. 1) The defendant set-off defenses based on the damage claim against the defendant is the defendant in the short term of the building of this case.

유사 판례

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