(영문) 서울중앙지방법원 2016.07.22 2016나26142

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(영문) 서울중앙지방법원 2016.07.22 2016나26142

건물명도

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. A. Around 2007, the Plaintiff leased to the Defendant the real estate listed in the [Attachment List owned by the Plaintiff (hereinafter “instant real estate”) at KRW 200,000 for monthly rent, without setting a deposit or set period.

(hereinafter “instant lease agreement”). B.

On May 20, 2014, the Defendant, who delayed the payment of the rent under the instant lease agreement, made and delivered to the Plaintiff a letter of payment stating that, on July 1, 2014, a sum of 8.8 million won in arrears under the instant lease agreement shall be paid to the Plaintiff by July 1, 2014, and if the Plaintiff is unable to comply therewith, he/she shall accept any request from the Plaintiff and shall not raise any objection (hereinafter “each of the instant forms”).

C. Since the Defendant did not pay the overdue rent or rent continuously, the Plaintiff submitted the instant complaint to the Defendant on the grounds that the instant lease contract was terminated, the delivery of the building, and the payment of the overdue rent, on more than two occasions, and the duplicate of the complaint reached the Defendant on July 22, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the lease contract of this case was lawfully terminated by the notification of termination of the contract on the ground of the plaintiff's delay in rent of more than two years. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff, and to pay the amount of money under the letter of this case and the amount of money calculated by the ratio of KRW 200,000 per month from July 2, 2014 to the completion date of delivery of the real estate of this case.

B. As to the defendant's defense 1, the defendant, while leasing and using the real estate of this case from the plaintiff, opened the above real estate at will and leaves it unattended.

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