(영문) 수원지방법원 여주지원 2021.03.17 2020가단56457

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(영문) 수원지방법원 여주지원 2021.03.17 2020가단56457

건물인도

Text

1. The defendant shall be the plaintiff.

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

(b)payment of KRW 2,183,225;

C. . 200.

Reasons

1. Basic facts

A. On March 15, 2018, the Defendant agreed upon the instant building’s order to order the Plaintiff to pay the full amount of the lease deposit (hereinafter “the instant lease agreement”). On July 21, 2020, the Plaintiff sent written text messages to the Defendant via his/her agent on the following day: (a) the lease deposit amount of KRW 20 million; (b) the monthly rent of KRW 4 million; and (c) the lease term from March 15, 2018 to March 15, 2028; and (d) the monthly rent of at least three months; and (b) the Plaintiff paid the full amount of the lease deposit (hereinafter “the instant lease agreement”).

3 The Defendant notified the termination of the instant lease agreement on the grounds of the delinquency in rent, and confirmed the above text message on the same day.

(c)

After the conclusion of the instant lease agreement, the Defendant has run restaurant business in the instant building.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination

A. Determination as to the termination of the instant lease agreement 1) According to the evidence evidence Nos. 4, 5, and 6 of the notice of the occurrence and termination of the termination right, the Defendant delayed payment of KRW 1,3280,000,000 in excess of three vehicles as of October 17, 2019, and thereafter, the Defendant gradually increased the number of vehicles in arrears to KRW 2,128,00 on July 15, 2020.

Meanwhile, if the Plaintiff and the Defendant agreed at the time of the instant lease agreement, and the Defendant did not pay the monthly rent for at least three months, it is reasonable to view that the agreement to specify the instant building as an order to terminate the lease agreement is an agreement granting the Plaintiff the right to terminate the lease agreement

Therefore, since the Plaintiff can terminate the instant lease agreement, the instant lease agreement was terminated by the Plaintiff’s notice of termination around July 21, 2020.

2) In relation to the Defendant’s assertion that the Plaintiff’s refusal to receive the said three or more vehicles has been in arrears, the Defendant is obliged to pay the electricity to the Defendant regarding the container in which the Plaintiff resides.

유사 판례

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-대전지방법원 2017.08.10 2017가단200815

-서울북부지방법원 2018.11.15 2018나1863